Section 21(5) 2nd proviso – “..the word `shall’ be read down to read as `may’,” Bombay High Court held that 2nd proviso to Section 21(5) of the National Investigation Agency Act is directory. It disagreed with the view of Kerala and Calcutta High Courts that the proviso is mandatory. It concurred with the view of Delhi, Jammu & Kashmir and Ladakh and Chhattisgarh High Courts that it is directory. This means that an application seeking to condone delay beyond 90 days in filing an appeal against the judgment, sentence, order, not being an interlocutory order, passed by a Special Court is maintainable, on sufficient cause being shown –Faizal Hasamali Mirza @ Kasib vs State of Maharashtra – 2023:BHC-AS:27039-DB