Syed Tanzeem Ahmed @ Tanzeem vs State of Karnataka

Budihal R.B., J.—Learned counsel for the petitioner has filed a memo. Heard the learned counsel for the petitioner and also the learned counsel for the respondent on the memo. The memo reads as hereunder:--

MEMO

It is submitted that the petitioner has preferred the above petition-U/s. 439 of Cr.P.C. for bail against the order of rejecting bail application filed U/s. 439 of Cr.P.C. by the Special Court of N.I.A, u/s 21(4) of the National Investigation Agency Act, 2008 an appeal lies to this Hon''ble High Court against the refusal of bail. This has been recently noticed by virtue of the decision of Hon''ble Supreme Court, reported in State of Andhra Pradesh Vs. Md. Hussain @ Saleem, . Since the above petition was filed by mistake, therefore the petitioner may be permitted to convert the above petition to an appeal U/s. 21(4) of the National Investigation Agency Act, 2008 and it is to be heard by Division Bench of this Hon''ble Court.

The bail application filed before the lower Court was heard and disposed of in Special C.C. No. 52/2013 and lower Court passed the order dated 1-8-2013. Thereafter, the petitioner approached this Court filing the petition u/s 439 of Cr.P.C. seeking his release on bad.

I have perused the decision produced by learned counsel for the respondent reported in State of Andhra Pradesh Vs. Md. Hussain @ Saleem, . In view of the decision of the Hon''ble Supreme Court, the order passed by the lower Court on the bail application is to be heard by the Division Bench of the Hon''ble High Court.

Therefore, in view of the decision of the Hon''ble Supreme Court, now this Criminal Petition is to be converted as Criminal Appeal. Hence, Office is directed to register this Criminal Petition as Criminal Appeal and Registry is also directed to place the matter before Hon''ble the Chief Justice to obtain appropriate orders to post the matter before the Division Bench as held in the reported decision of the Hon''ble Supreme Court.