Rayees Ahmad Sheikh S/O Asadulla Sheikh v. State Of Mah. Thr. Assist. Commissioner Of Police Anti Terror Squad Nagpur
1 / 2 920.appa1011.2023
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO. 1011 OF 2023 IN CRIMINAL APPEAL (ST) NO. 6521 OF 2023 Rayees Ahmad Sheikh S/o Asadulla Sheikh Vs.
State of Maharashtra, Assistant Commissioner of Police, Anti Terror Squad, Nagpur ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
---------------------------------------------------------------------------------------------- Mr. N.B. Rathod, Advocate for applicant.
Mrs. S.V. Kolhe, APP for respondent/State.
CORAM : VINAY JOSHI, AND SMT.VRUSHALI V.JOSHI, JJ.
DATE : 09.02.2024 Heard.
2.
This is an application in terms of Section 5 of the Limitation Act seeking condonation of delay of 120 days caused in preferring the appeal in terms of Section 21 of the Negotiable Instrument Act, challenging the order of rejection of bail under the provisions of Unlawful Activities Prevention Act, 1967.
3.
Learned counsel for applicant relying on the decision of this Court in case of Interim Prity
2 / 2 920.appa1011.2023 Application No.2375/2022 in Criminal Appeal (Stamp) No.11931/2022 decided on 14.09.2023 to contend that the provisions of Section 5 of the Limitation Act would apply.
4.
Considering the reasons stated in the application and especially, the applicant is in jail as well as the liberty of applicant is in question by allowing the application, we hereby condone the delay.
5.
The civil application stands disposed of accordingly and appeal be registered.
Criminal Appeal (ST) No.6521/2023 Heard.
2.
Admit.
3.
Issue notice to the respondent, returnable on 11.03.2024.
4.
Mrs. S.V. Kolhe, learned APP waives service of notice on behalf of respondent/State. (SMT. VRUSHALI V. JOSHI, J) (VINAY JOSHI, J) Prity