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Bombay High CourtIA/4059/2025allowed

National Investigation Agency v. Anwar Ali Hasan Mohammad Idrisi

2026-04-30Hon'Ble The Chief Justice , Hon'Ble Shri Justice Gautam A. Ankhad2 pages

907.4059.25-ia.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.4059 OF 2025 IN CRIMINAL APPEAL (ST) NO.21919 OF 2025 WITH CRIMINAL APPEAL (ST) NO.21919 OF 2025 National Investigation Agency .. Applicant Vs.

Anwar Ali Hasan Mohammad Idrisi .. Respondent ...

Mr. Anil Singh, Additional Solicitor General of India with Mr. Chintan Shah, Special PP, Mr. Saurabh Raut with Mr. Adarsh Vyas, Mr. Krishnakant Deshmukh, Mr. Rama Gupta and Mr. Rajdatt Nagre, Advocates for the Applicant Digitally signed by BASAVRAJ GURAPPA PATIL Date:

2026.05.04 15:01:27 +0530 BASAVRAJ GURAPPA PATIL Ms. Rekha Musale with Mr. Nasim Khan, Advocate for the Respondent.

Ms. Bhavica Mahimtura, PI, NIA, Mumbai.

Advocates for the Respondent CORAM : SHREE CHANDRASHEKHAR, CJ & GAUTAM A. ANKHAD, J.

DATE : 30th APRIL 2026 P.C. :

INTERIM APPLICATION NO.4059 OF 2025:- The learned counsel for the respondents seeks two weeks' time to file a reply affidavit to this interim application. 2.

This request is declined for the reason that we see sufficient grounds for condoning the delay of seven days in filing the present appeal under section 21 of the National Investigation Agency Act, 2008 (NIA Act).

3.

Section 21 of the NIA Act is couched in a wide language and provides for an appeal against any order, judgment or sentence not bgp Page | 1

907.4059.25-ia.docx being an interlocutory order of a Special Court to High Court both on facts and on law. A statutory right to appeal is not denied on a mere technical issue or on the ground of delay provided the delay is inordinate and remained unexplained. In view thereof, delay of seven days in filing the present appeal is condoned and the interim application is allowed.

CRIMINAL APPEAL (ST) NO.21919 OF 2025 Issue notice to the respondents.

4.

Four weeks' time is granted to the respondent for filing reply affidavit, if any. We are making this order in view of a statement made on behalf of the respondent that the respondent has yet not been delivered possession of the subject property by virtue of order dated 16th September 2025 passed in Criminal Appeal No.347 of 2024 in Special Case No.1929 of 2023.

5.

The appellant shall be at liberty to inform the Special Court concerned that this Court is seized with Criminal Appeal (St) No.21919 of 2025.

Post this matter on 18th June 2026.

[GAUTAM A. ANKHAD, J.] [CHIEF JUSTICE] bgp Page | 2