KAILASH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By this appeal, preferred under Sec. 21 of the National Investigation Agency Act, the appellant seeks his enlargement on bail in connection with C.R. No.19 of 2019 registered with the Purada Police Station, Gadchiroli, for the alleged offences punishable under Ss. 302, 353, 143, 147, 148, 149, 120B, 427 of the Indian Penal Code ('IPC'); under Sec. 5 r/w 28 of the Arms Act; Ss. 4 and 5 of the Indian Explosives Act, Sec. 135 of the Maharashtra Police Act and Ss. 16, 18, 20 and 23 of the Unlawful Activities (Prevention) Act ('UAPA'). Subsequently the investigation in the said case was transferred to NIA and the C.R. was re-registered as NIA RC-02/2019/NIA/MUM. The NIA subsequently added few more provisions of the UAPA as well as provisions of the Maharashtra Control of Organized Crime Act (MCOC Act).

(3.) Learned counsel for the appellant seeks bail not only on merits but even on the ground of delay in the commencement of the trial. He also seeks parity with co-accused - Satyanarayana Rani, who was enlarged on bail by this Court (Coram: Revati Mohite Dere & V. G. Bisht, JJ.) vide order dtd. 15/7/2022 passed in Criminal Appeal No.11 of 2022. Learned counsel for the appellant submits that the first Criminal Appeal preferred by the appellant was dismissed as withdrawn as the Court was not inclined to enlarge the appellant on bail, however, the trial of the appellant was expedited and the learned trial Judge was directed to dispose of the case as expeditiously as possible and in any event, within two years from the date of receipt of the said order. He submits that till date, charge has not been framed in the said case, in view of the statement made by the learned Special P.P. to this Court in an appeal filed by co-accused -Satyanarayana Rani seeking his discharge from the said case, that they will not proceed with the trial, since the order enlarging the appellant therein i.e. Satyanarayana Rani, was challenged before the Apex Court.