Talha Talukdar Farukh vs The State Of Madhya Pradesh
2023 Latest Caselaw 14509 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                    MCRC No. 20861 of 2023
                                  (TALHA TALUKDAR FARUKH Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                         Dated : 04-09-2023
                               Shri Manish Datt - Senior Counsel with Shri Eshaan Datt - Advocate

                         for applicant.
                               Shri D.K. Parouha - Government Advocate for respondent No.1/State.

Shri Qasim Ali - Advocate for respondent No.2 alongwith Shri Hari Shanker Srivastava, Dy. S.P., NIA, Lucknow.

Applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of bail.

Learned counsel appearing for the respondent No.2 raised an objection regarding maintainability of application under head 'M.Cr.C.' It is submitted by him that application under Section 439 of Cr.P.C. is not maintainable as per provisions of Section 21 of National Investigation Agency Act, 2008. Counsel for the respondent No.2 relied upon the judgment passed by the Apex Court in case of State of Andhra Pradesh vs Md. Hussain @ Saleem , reported in (2014) 1 SCC 258. In said case, it has been held that appeal will lie against an

order rejecting application for grant of bail.

Learned Senior Counsel appearing for applicant at this stage made a prayer that he may be permitted to file an application for converting this application into an appeal.

Learned counsel for the respondent No.2 again objected to permit applicant to convert this application into appeal. It is submitted that limitation of 30 days is prescribed for filing an application against an order appealed from. Jurisdiction to hear appeal is of Division Bench. In these circumstances, Signature Not Verified Signed by: VINOD KUMAR TIWARI Signing time: 9/5/2023 1:53:01 PM

applicant may not be permitted to file such an application.

This Court is of opinion that if application itself is not maintainable before the Court under a statute, then applicant cannot be permitted to file an application for conversion of same into appeal in an application which is not maintainable.

Learned Senior Counsel appearing for applicant prays for some time to examine the provisions of law and also to argue on point that his application for conversion will also not be maintainable as main application itself is not maintainable.

List the matter in next week.

(VISHAL DHAGAT) JUDGE

vkt

Signature Not Verified Signed by: VINOD KUMAR TIWARI Signing time: 9/5/2023 1:53:01 PM