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The high court will hear the counsel in two weeks. The high court was dealing with two appeals filed by two individuals after a delay of 299 and 835 days
A division bench of the Bombay High Court, consisting of Justice Revati Mohite Dere and Justice Gauri Godse, recently appointed Senior Advocate Abad Ponda and Senior Advocate Sharad Jagtiani as amicus curiae to aid the court in determining whether an appeal under Section 21 of the National Investigation Agency Act can be entertained after the statutory period of 90 days.
During the hearing of two appeals filed beyond the statutory period of 90 days, the Bombay High Court appointed Senior Advocate Abad Ponda and Senior Advocate Sharad Jagtiani as amicus curiae.
One of the appeals was filed by Vinayak Shinde, an accused in the Antilla Bomb Scare case and the Mansukh Hiren death case.
Shinde sought bail on parity, arguing that the special court had granted bail to one of the co-accused, and the high court upheld the same. However, Shinde approached the high court after a delay of 299 days.
In addition to Vinayak Shinde's appeal, another appeal was filed by Faizal Mirza, who approached the high court against the rejection of bail by the special court, after a delay of 835 days.
Faizal Mirza was arrested by ATS and was accused of conspiring with a Pakistan-based terror group to carry out attacks in Mumbai, Gujarat, and Uttar Pradesh. His case was transferred to the National Investigation Agency Act in 2018.
The central government contended that due to the delay of more than 90 days, the appeal should not be entertained and should be dismissed.
The Bombay High Court will now hear both appeals to settle the issue of the delay in filing the appeal under the National Investigation Agency Act. The hearing is scheduled to take place after 2 weeks.
Case title: Vinayak Balasaheb Shinde vs NIA & Anr
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