- (1.) This criminal appeal under Section 21 of National Investigation Agency Act, 2008 has been filed against the order dated 07.05.2011 passed by the Special Judge, National Investigation Agency, Rajasthan, Jaipur whereby the application (No.47/2011) for bail filed by the accused-appellant had been rejected.
(2.) The prosecution case was initiated on lodging of a First Information Report (No.85/2007), at Police Station Dargah, Ajmer for the offences under Section 302, 307, 323 and 295 IPC and also under Section 3 of Explosive Substances Act. Thereafter, during the pendency of the investigation, which commenced after lodging of the said report, the case was handed over to the National Investigation Agency, New Delhi by Government of India, vide order dated 01.04.2011. Therefore, the investigation in the present matter was conducted by the Agency from 06.04.2011 onwards and an F.I.R. (No.4/2011) came to be registered by the National Investigation Agency.
(3.) Later on an application for grant of bail came to be filed by the accused-appellant before the Special Judge, Jaipur, under the National Investigation Agency Act, 2008, primarily on the ground that he is entitled for bail under Section 167 (2) Cr.P.C. because the investigation agency had failed to file challan within the statutory period. Further, it was the case of the accused-appellant that the order dated 19.04.2011 passed by the learned Chief Judicial Magistrate, Ajmer on an application filed by the prosecution seeking extension of time to 180 days for filing of challan, is illegal. Therefore, bail was sought by the accused-appellant on the premise that there is violation of statutory provisions and as such he is entitled to be released on bail.;