Shaikh Irfan Shaikh Salim Alias Irfan Milli v. the State of Maharashtra
Case brief
What is this about?
Condonation of delay (one year nine days) in filing appeals under Section 21 NIA Act against rejection of bail in Special Case No. 58 of 2023 (Sessions Judge, Aurangabad); 90-day outer limitation under Section 21 NIA Act; second proviso to Section 21(5) read down as directory per Faizal Hasamali Mirza v. State of Maharashtra and another, 2023 SCC OnLine Bom 1936 (Division Bench, Principal Seat) - followed; applicants in jail shown as sufficient cause; delay condoned and appeals ordered registered; Bombay High Court, Aurangabad Bench (Suryawanshi & Deshpande, JJ.), 02-05-2025; divergent High Court views noted and interpretation of Section 21 stated to be pending before the Apex Court (listed 06.05.2025).
What did the court decide?
Condonation of the delay of one year nine days in filing the appeals; the appeals are directed to be registered.