Madhya Pradesh High Court

Sewan @ Shahwan Khan vs The State Of Madhya Pradesh on 3 May, 2024

Author: Dinesh Kumar Paliwal

Bench: Dinesh Kumar Paliwal

                                                            1
                              IN THE HIGH COURT OF MADHYA PRADESH
                                           AT JABALPUR
                                                   BEFORE
                                 HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                                  ON THE 3 rd OF MAY, 2024
                                         MISC. CRIMINAL CASE No. 9168 of 2024

                         BETWEEN:-
                         SEWAN @ SHAHWAN KHAN S/O SAKIR KHAN R/O
                         VILLAGE HAIDARGARH GYARASPUR HAIDARGARH
                         DISTRICT VIDISHA (MADHYA PRADESH)

                                                                                           .....APPLICANT
                         (BY SHRI RAKSHIT PARMAR-ADVOCATE)

                         AND
                         THE STATE OF MADHYA PRADESH THROUGH STATE
                         N.I.A. (NATIONAL INVESTIGATION AGENCY) BHOPAL
                         (MADHYA PRADESH)

                                                                                        .....RESPONDENT
                         (BY SHRI SAURABH SHRIVASTAVA-ADVOCATE FOR THE RESPONDENT-
                         NIA AND SHRI PRADEEP GUPTA-GOVERNMENT ADVOCATE FOR THE
                         STATE)

                               This application coming on for admission this day, the court passed the
                         following:
                                                              ORDER

This first bail application under Section 439 of the Cr. P.C. has been filed while as per the mandate of Section 21 of the National Investigation Agency Act, 2008, an appeal shall lie from any judgment sentence or order, not being an interlocutory order, of a Special Court to the High Court both on facts and on law. It is further provided that every appeal under Sub-Section (1) shall be heard by a bench of two Judges of the High Court.

Therefore, this application for bail under Section 439 of Cr.P.C. being not maintainable is disposed of with liberty to the applicant to file appeal as per

provision of Section 21 of the N.I.A. Act, 2008.

(DINESH KUMAR PALIWAL) JUDGE b