Anil Saw vs The State Of Jharkhand
2024 Latest Caselaw 1000 Jhar

Jharkhand High Court

Anil Saw vs The State Of Jharkhand on 1 February, 2024

Author: Sujit Narayan Prasad

Bench: Sujit Narayan Prasad

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               IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          Criminal Appeal (DB) No. 1547 of 2023
                                        ----------
            Anil Saw                                                   ... ... Appellant
                                             Versus
            The State of Jharkhand                                  ... ... Respondent
                                            -------
            CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
                   HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
                                            -------
            For the Appellant  : Ms. Apoorva Singh, Advocate
            For the Respondent : Mr. Shailesh Kr. Sinha, APP
                                  ----------------------------

        ORAL ORDER

04/Dated: 01st February, 2024 .

1. The instant appeal filed under Section 21(4) of the National Investigation Agency Act, 2008.

2. Office has pointed out the issue of maintainability on the ground that the appeal has been filed beyond the statutory period of 90 days.

3. Such office note is as per the mandate as contained under Section 21(5) of the NIA Act, 2008 wherein the period to file appeal is 30 days subject to extension of the said period for a period of 60 days but in no case, the said period is to exceed the period of 90 days.

4. The aforesaid issue, we have already decided in Cr. Appeal (DB) No. 1961 of 2023 but in the aforesaid judgment, we have taken note of the view which has been taken by the Delhi high contrary to the view taken by this Court in the aforesaid appeal is lying pending consideration before the Hon'ble Supreme Court in S.L.P. (Cr.) No. 011085-011087 of 2019 [State (National Investigation Agency) vs. Farhan Shaikh].

5. This Court, in the ends of justice, is of the view that let this matter await the outcome of the said S.L.P. being S.L.P. (Cr.) No. 011085-011087 of 2019 [State (National Investigation Agency) vs. Farhan Shaikh].

6. Accordingly, let this matter be listed after disposal of the aforesaid S.L.P.

(Sujit Narayan Prasad, J.)

(Pradeep Kumar Srivastava, J.) Saurabh/-