MANSOOR ASGHAR PEERBHOY Vs. STATE

JUDGEMENT

(1.) The present appeal under Sec. 21 of the National Investigation Agency Act, 2008 read with Article 226 of the Constitution of India and Sec. 439 of Code of Criminal Procedure, has been filed by the appellant seeking setting aside of order dtd. 8/4/2022, whereby his application seeking bail was dismissed by the learned Special Court in view of statutory bar contained under Sec. 43D (5) of Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to 'UAPA').

(2.) The appellant in the present appeal has averred that he has been falsely implicated in FIR No.166/2008, for offences under Ss. 121/307/323 IPC, Ss. 3/4/5 of Explosive Substance Act and Ss. 10/12/13 of UAPA.

(3.) The appellant was arrested by Mumbai police in the year 2008 in relation to DCB CR No.52/2008 dtd. 23/9/2008, which was registered under Ss. 295A/505 IPC r/w Ss. 120-B/121/122/286 IPC r/w Ss. 2/25 Arms Act r/w 6/9B of Explosive Act 1884 r/w Ss. 4/5 of Explosive Substances Act, Ss. 10/13 of UAPA, Sec. 66 of I.T. Act 2000 r/w Sec. 3(i)(ii), 3(2), 3(4) of Maharashtra Control of Organised