MAHESH RAUT Vs. NATIONAL INVESTIGATION AGENCY

JUDGEMENT

(1.) Impugned in both Appeals is a common Order dated 28 th June 2022, passed by the learned Special Judge, National Investigating Agency, at Greater Mumbai, below Applications at Exhibits-48 and 49 in Special Case No.414 of 2020, whereby said Applications seeking default bail under Sec. 167(2) of the Criminal Procedure Code have been rejected. The Application at Exhibit-49 was filed by the Appellants in Appeal No.1208 of 2022 and the Application at Exhibit-48 was filed by the Appellant in Appeal No.1272 of 2023. Hence, both the Appeals have been taken up for disposal by this common Judgment and Order.

(2.) During pendency of the Appeals, Appellant-Mahesh Raut has been granted bail by this Court. As informed by Mr. Vyas, Appellant-Dr. Shoma Sen has been granted bail by the Hon'ble Supreme Court.

(3.) Heard Mr. Anand Grover, learned Senior Advocate for the Appellants in Criminal Appeal No.1208 of 2022, Mr. Yashodeep Deshmukh, learned appointed Advocate for the Appellant in Criminal Appeal No.1272 of 2023, Mr. Devang Vyas, learned Additional Solicitor General of India for Respondent-NIA and Dr. Ms. A.A. Takalkar, APP for the Respondent-State. Perused the record and the Affidavits in Reply dated 13 th December 2023, additional Affidavits dated 20th and 29/2/2024 by the National Investigation Agency and the Rejoinder on behalf of the Appellant Surendra P Gadling dtd. 1/3/2024.