.... Kumar, learned counsel appearing for the respondent, submits that the present appeal is hopelessly barred by limitation, having been filed with a delay of 183 days. He contends that in view of Section 21(5) of the National Investigation Agency Act, 2008...that no appeal shall be entertained after the expiry of ninety days. It is thus submitted that since the present appeal has been filed beyond the outer limit of ninety days prescribed under Section 21(5) of the Act, this Court has no jurisdiction to entertain the same, and the appeal deserves to be dismissed as barred by limitation. 3. In view of the foregoing discussion and having regard to the specific bar of limitation contained in Section 21(5) of the National Investigation Agency Act...(M.P.) ... Appellant versus Union of India Through National Investigation Agency, Branch Office, Sector 24, Jhanjh, Atal Nagar Nava Raipur, District...

...Cases) Chennai at Poonamallee, Chennai - 56 and enlarge the petitioner on bail pending disposal of the above appeal on the file of this Court. 2. The Registry of Madras High Court raised an objection with regard to the maintainability of the criminal appeal in view of Section 21(5) National Investigation Agency Act, 2008...limitation as stipulated under Section 21(5) of the National Investigation Agency Act, 2008, the objection raised by the Registry holds good and consequently, we are not inclined to entertain the..., National Investigation Agency, Branch Office, Chennai. ... Respondent Prayer: Criminal Appeal filed under Section 21 (4) of National Investigation...

.../Dated:4th April, 2025 I.A No.3462 of 2025 1. The present interlocutory application has been filed under section 21(5) of the National Investigation Agency Act, 2008...assigned in the interlocutory application and taking into consideration the purport of section 21(5) of the National Investigation Agency Act, 2008, the delay of 17 days in preferring the present...2025 6. The instant appeal under section 21(4) of the National Investigation Agency Act, 2008 has been directed against the order dated 17.01.2025...

...commission of alleged offence punishable under Section 148, 435/149, 506-B of the IPC, Section 25, 27 of the Arms Act and Section 10, 13(1), 38(2), 39(2) of the Unlawful Activities (Prevention) Act, 1967 and Section 8(1) / 8(2) of the Chhattisgarh Vishesh Jansuraksha Adhiniyam, 2005. I.A. No. 01/2026 i.e., application for condonation of delay in filing the appeal 3. There is a delay of 191 days in filing the appeal. 4. Section 21(5) of the National Investigation Agency Act....- *** *** *** (5) Every appeal under this section shall be preferred within a period of thirty days from the date of the judgment, sentence or order appealed... Provided further that no appeal shall be entertained after the expiry of period of ninety days." 5. Since the appeal has been filed...

... The instant interlocutory application has been preferred under Section 21(5) of the N.I.A. Act for condoning the delay of 36 days in preferring the instant appeal. 2. Heard learned counsel for the parties. 3. Considering the reason assigned in the interlocutory application and taking into consideration the purport of Section 21(5) of the National Investigation Agency Act.... Accordingly, I.A. No.8426 of 2024 stands allowed. Criminal Appeal (D.B.) No.1035 of 2024 5. The instant appeal under section 21(4) of the National Investigation Agency Act, 2008...Code and under Section 66(D) of the I.T. Act, has been rejected. 6. Learned counsel appearing for the appellant has submitted that it is a case where the...

... The instant interlocutory application has been preferred under Section 21(5) of the N.I.A. Act for condoning the delay of 14 days in preferring the instant appeal. 2. Heard learned counsel for the parties. 3. Considering the reason assigned in the interlocutory application and taking into consideration the purport of Section 21(5) of the National Investigation Agency Act.... 4. Accordingly, I.A. No.565 of 2025 stands allowed. Criminal Appeal (D.B.) No.97 of 2025 5. The instant appeal under section 21(4) of the National Investigation Agency Act, 2008...Act, Sections 25(1-AA), 25(6), 25(7) of the Arms Amendment Act and Section 17 of C.L.A Act, has been rejected. 6. Learned counsel appearing for the...

... 1. The instant interlocutory application has been preferred under Section 21(5) of the N.I.A. Act for condoning the delay of 27 days in preferring the instant appeal. 2. Considering the reason assigned in the interlocutory application and taking into consideration the purport of Section 21(5) of the National Investigation Agency Act.... Cr. Appeal (DB) No.333 of 2025 1. The instant appeal preferred under Section 21(4) of the NIA, Act, 2008 is directed against the order..., 120(B) of the IPC and Section 3/4 of the Explosive Substance Act, whereby and 1 whereunder, the...

...the State were not maintainable and further that only appeals under Section 21(4) of National Investigation 5 Agency Act, 2008 (in short, NIA Act) lay against orders granting bail. However, vide another order dated 27.06.2024 passed by the learned...affidavit, raising the issue of maintainability of the present appeals on the basis of the question of being barred by limitation, as provided under Section 21(5) of the National Investigation Agency Act, 2008...ordinary criminal proceedings. It is reiterated the impugned order has utterly failed to consider the mandate of the provision of Section 43D UAPA while granting bail to the accused/respondent (both regular and default). [25] On the basis of the pleadings of the party and submissions made at the bar, this Court framed the following issues for determination in the present appeals : (a) Whether the provisions of Section 21(5) of the National Investigation Agency Act, 2008...

...the State were not maintainable and further that only appeals under Section 21(4) of National Investigation 5 Agency Act, 2008 (in short, NIA Act) lay against orders granting bail. However, vide another order dated 27.06.2024 passed by the learned...affidavit, raising the issue of maintainability of the present appeals on the basis of the question of being barred by limitation, as provided under Section 21(5) of the National Investigation Agency Act, 2008...ordinary criminal proceedings. It is reiterated the impugned order has utterly failed to consider the mandate of the provision of Section 43D UAPA while granting bail to the accused/respondent (both regular and default). [25] On the basis of the pleadings of the party and submissions made at the bar, this Court framed the following issues for determination in the present appeals : (a) Whether the provisions of Section 21(5) of the National Investigation Agency Act, 2008...

...the State were not maintainable and further that only appeals under Section 21(4) of National Investigation 5 Agency Act, 2008 (in short, NIA Act) lay against orders granting bail. However, vide another order dated 27.06.2024 passed by the learned...affidavit, raising the issue of maintainability of the present appeals on the basis of the question of being barred by limitation, as provided under Section 21(5) of the National Investigation Agency Act, 2008...ordinary criminal proceedings. It is reiterated the impugned order has utterly failed to consider the mandate of the provision of Section 43D UAPA while granting bail to the accused/respondent (both regular and default). [25] On the basis of the pleadings of the party and submissions made at the bar, this Court framed the following issues for determination in the present appeals : (a) Whether the provisions of Section 21(5) of the National Investigation Agency Act, 2008...

...the State were not maintainable and further that only appeals under Section 21(4) of National Investigation 5 Agency Act, 2008 (in short, NIA Act) lay against orders granting bail. However, vide another order dated 27.06.2024 passed by the learned...affidavit, raising the issue of maintainability of the present appeals on the basis of the question of being barred by limitation, as provided under Section 21(5) of the National Investigation Agency Act, 2008...ordinary criminal proceedings. It is reiterated the impugned order has utterly failed to consider the mandate of the provision of Section 43D UAPA while granting bail to the accused/respondent (both regular and default). [25] On the basis of the pleadings of the party and submissions made at the bar, this Court framed the following issues for determination in the present appeals : (a) Whether the provisions of Section 21(5) of the National Investigation Agency Act, 2008...

...-2026 Present application has been filed under Section 21(5) of the National Investigation Agency (NIA) Act read with Section 5 of Limitation Act, seeking condonation of delay of...) -2- dated 27.04.2025 registered under Sections 13, 16, 18, 20 UAPA, 1967; Sections 25, 54 & 59 of Arms Act and Sections 109, 324(5), 48, 238, 132, 221, 61(2) of BNS... 208 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRA...

...custody for over 2 years, 4 months and 17 days. The delay in preferring the appeal does not appear to be intentional or deliberate. It has been held by the Division Bench of the Bombay High Court in the case of Faizal Hasamali Mirza Vs. State of Maharashtra and another, 2023 SCC (Online) Bom 1936, that the period of limitation of 30 days and barring from entertaining the appeal after a period of 90 days prescribed under Section 21(5) of the National Investigation Agency Act, 2008...language of the 2ndproviso to Section 21 (5) of the NIA Act and that this can be done by virtue of Section 5 of the Limitation Act, 1963, the applicability of which is not excluded under the...Court is maintainable, on sufficient cause being shown; (ii) that the word 'shall' in the 2ndproviso to sub-section (5) of Section 21, be read down, to...

...does not appear to be intentional or deliberate. It has been held by the Division Bench of the Bombay High Court in the case of Faizal Hasamali Mirza Vs. State of Maharashtra and another, 2023 SCC (Online) Bom 1936, that the period of limitation of 30 days and barring from entertaining the appeal after a period of 90 days prescribed under Section 21(5) of the National Investigation Agency Act, 2008...:- "(i) that the Appellate Courts have the power to condone delay beyond the 90 days period, despite the language of the 2ndproviso to Section 21 (5) of the NIA Act and that this can...be done by virtue of Section 5 of the Limitation Act, 1963, the applicability of which is not excluded under the provisions of the NIA Act. Thus, an application seeking to condone delay beyond 90...

... Special Public Prosecutor [For National Investigation Agency] (in both Crl.As) For Respondents : Mr.I.Abdul Basith (in both Crl.As) 2 COMMON JUDGMENT S.M.SUBRAMANIAM, J. Table of Contents I. BRIEF FACTS OF THE CASE:................................................................... 4 II. BACKGROUND ON THE CRIMINAL APPEALS FILED:..................... 5 III. LIMITATION PRESCRIBED FOR APPEALS UNDER SECTION 21(5) OF THE NIA ACT AND...439 of Criminal Procedure Code read with Section 43D of Unlawful Activities (Prevention) Act, 1967 [hereinafter referred as 'UA(P) Act']. The bail petitions were allowed on conditions. Aggrieved by the bail order, the National Investigation Agency preferred these criminal appeals under Section 21(5) of the...National Investigation Agency Act, 2008 [hereinafter referred as 'NIA Act']. The appeals are numbered subject to maintainability, since there is a delay in filing the criminal appeals by the appellant. 4. The respondents raised a preliminary objection regarding maintainability, mainly on the ground that the limitation as prescribed under Section 21(5) of the...

...Prasad, J: I.A. No. 4862 of 2026 1. This interlocutory application has been preferred under Section 21(5) of the National Investigation Agency Act, 2008...parties. 3. Considering the reason assigned at paragraphs 3 of the interlocutory application and taking into consideration the purport of Section 21(5) of the National Investigation Agency Act, 2008.... 1 Prayer 5. The instant criminal appeal has been preferred on behalf of the appellant under Section 21(4) of the National Investigation Agency Act, 2008...

... 1. The instant interlocutory application has been preferred under Section 21(5) of the N.I.A. Act for condoning the delay of 09 days in preferring the instant appeal. 2. Heard learned counsel for the parties. 3. Considering the reason assigned in the interlocutory application and taking into consideration the purport of Section 21(5) of the National Investigation Agency Act....10990 of 2024 stands allowed. Cr. Appeal (DB) No. 1293 of 2024 1. The instant appeal filed under Section 21(4) of the National Investigation Agency Act, 2008, is directed...been held by interpreting the expression "prima facie true" as stipulated under Section 43D(5) of the Act, 1967 which would mean that the materials/evidence collated by the investigation agency in...

...complainant. GURVINDER SINGH GILL, J. CRM-48051-2025: 1. The application i.e. CRM-48051-2025 has been filed on behalf of the applicant - Avtar Singh under Section 21(5) of the National Investigation Agency Act, 2008...view of a specific bar enshrined in Section 21 of the NIA Act, a delay beyond 90 days cannot be condoned under any circumstance. Learned State counsel in this context cited a judgment of Calcutta High....121 dated 18.11.2018, under Sections 302, 307, 452, 341, 427, 34 IPC; Section 25 of the Arms Act; Sections 3, 4, 5, 6 of the Explosive Act and Sections 13, 16, 18, 18-B of the UAPA Act lodged...

..., the present appeals are maintainable under Section 21 of the National Investigation Agency Act, 2008.4. On the other hand, Ms. Shikha Sinha, learned counsel appearing for the respondents submitted that the aforesaid order is interlocutory order, therefore, the appeals under Section 21 of the National Investigation Agency Act, 2008 are not maintainable.5. Having...Section 21 of the National Investigation Agency Act, 2008.3. Today, learned counsel appeared and...Section 21 of the National Investigation Agency Act, 2008.7. It appears that the charge has already been framed and the...

...been filed inadvertently under Section 5 of the Limitation Act in place of 21(5) of the National Investigation Agency Act and prays to allow to correct the same in course of the day... 8. The instant appeal filed, under Section 21(4) of the National Investigation Agency Act, 2008, is directed against the order dated 03.09.2024 passed in Misc. Cr. Application No.1199 of 2024, by the...been filed for condoning the delay of 26 days in filing the appeal. 5. Heard learned counsel for the parties. 6. Considering the...