LAWS(BOM)-2024-7-60

MOMIN MOIUDDIN GULAM HASAN Vs. STATE OF MAHARASHTRA

Decided On July 15, 2024
Momin Moiuddin Gulam Hasan Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Although the arguments were concluded and judgment was reserved on 13/12/2023, we listed the matter for further hearing on a praecipe moved by the learned Public Prosecutor as he wanted to address this Court on certain issues, including pointing out the latest decision of the Apex Court. Accordingly, we heard the learned counsels for the respective parties on 7/3/2024, 25/4/2024 and 2/5/2024.

(2.) This appeal is preferred under Sec. 21 of the National Investigation Agency Act, 2008 ('NIA Act') to challenge the order dtd. 18/1/2023 passed by learned Sessions Judge (MCOCA/POTA/TADA/NIA) and Additional Sessions Judge Greater Mumbai in NIA RA No. 946 of 2022 in Crime No. 19 of 2022, by which the court granted an extension of time of 15 days to file the chargesheet. By way of an amendment, the appellants have also challenged the order dtd. 20/1/2023, by which the learned Judge rejected the appellants' application for grant of bail under Sec. 167 (2) of the Code of Criminal Procedure, 1973 ('CrPC').

(3.) By an order dtd. 18/1/2023, the Trial Court granted an extension of 15 days to the prosecution to file the chargesheet on the ground that the prosecution was awaiting sanction from the appropriate Government.