The court halts the release of Respondent No. 2, pending further hearing, following NIA's urgent appeal.
In a significant development, the Bombay High Court has granted an urgent ad-interim stay on a Special Judge's order that allowed bail to Respondent No. 2, following an appeal by the National Investigation Agency (NIA). The bench, comprising Justices G.S. Kulkarni and Dr. Neela Gokhale, acted swiftly after the matter was brought to their attention through an urgent mentioning by Mr. Anil C. Singh, the Additional Solicitor General of India.
The appeal came before this bench due to administrative reallocation after previous benches faced challenges in proceeding with the case. The initial bench, comprising Justices Sarang V. Kotwal and Ranjitsinha Raja Bhonsale, had to step down due to one judge's refusal to take up cases involving a particular senior counsel. Meanwhile, another bench had to recuse itself from the matter earlier in the day.
Despite prior intimation, Respondent No. 2 was not represented during the hearing. The court, after evaluating the submissions made by the Additional Solicitor General and reviewing the impugned bail order dated September 29, 2026, decided to impose an interim stay on the bail order. The stay will remain effective until the next date of hearing, set for October 7, 2026.
The court directed that the stay order be communicated immediately to the relevant Jail Authorities to prevent the release of Respondent No. 2. Furthermore, the court instructed that a notice be issued to Respondent No. 2, requiring their appearance on the returnable date.
In preparation for the upcoming hearing, the court has requested a convenience compilation of all pertinent documents, including the charge order and charge-sheet, to be placed on record.
This case underscores the complex procedural dynamics within the judiciary when dealing with high-profile criminal appeals and highlights the urgency with which the court can act in matters involving national security.
Bottom Line :
Criminal Appeal against order granting bail - In absence of representation for contesting respondent, High Court granted urgent ad-interim stay to Special Judge's order allowing bail, till next date of hearing, and directed immediate communication of stay order to Jail Authorities.
Statutory provision(s): Criminal Procedure Code, Relevant High Court Administrative Rules
National Investigation Agency v. State of Maharashtra, (Bombay)(DB) : Law Finder Doc id # 2989257
