2021 (12) TMI 1310

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....tution of India, assails the order dated 20th November, 2021 by which the Special Judge stayed the operation of his own order of grant of bail for 25 days, on a request made by the National Investigating Agency. FACTS 3. Petitioner-applicant, was granted bail on 20th November, 2021 by the Special Court at Greater Bombay in NIA Special Case No. 1090/2021 in re-registered Crime No. RC-01/2021/NIA/MUM with National Investigation Agency for the offences punishable under Sections 120B, 201, 286, 302, 364, 384, 386, 403, 419, 465, 471, 473 and 506 of the Indian Penal Code; Sections 3 and 25 of the Arms Act, Section 4 of the Explosive Substances Act, 1908 and Sections 16, 18 and 20 of the Unlawful Activities (Prevention) Act. After which, th....

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.... that, though the bail was granted on 20th November, 2021, and stay was sought, to enable the National Investigation Agency to prefer appeal, till date, the respondents have not preferred Appeal. It is therefore submitted, the impugned order being non-est for want of power and jurisdiction, has caused interference with petitioner's right to liberty. Mr. Gupte, thus seeks to quash the impugned order. 7. Mr. Anil Singh, learned Additional Solicitor General vehemently opposed the petition and contended, that the writ petition against the impugned order was not maintainable, and at the most, the petitioner could have maintained an Appeal under Section 21 of the National Investigation Agency Act, 2008 ("N.I.A. Act" for short). He relied o....

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....o. 2024/2021 by the learned Single Judge of this Court, in support of his contention that, sub-section (3) of Section 21 of the N.I.A. Act also encompasses orders 'concerning' grant or rejection of the bail. 10. I have carefully considered the submissions of the learned Counsel for the parties. 11. In so far as the maintainability of the Writ Petition is concerned, it may be stated that, the order impugned, though said to be "relatable" to bail, as argued by Mr. Singh, however, in terms of provisions of sub-section (4) of Section 21, it is not an order of a Special Court, either 'granting' or 'refusing' bail. The sub-section (4) envisage two kind of orders; one 'granting' and another 'refusing' ....