MOHD HUSSAIN MOLANI Vs. NATIONAL INVESTIGATION AGENCY

JUDGEMENT

(1.) The present appeal under Section 21 (1) read with 21(4) of the National Investigation Agency Act, 2008, has been filed by the appellant against the order dated 06th July, 2020 passed by learned ASJ (Special Judge), NI Act Patiala House Courts, New Delhi in NIA Case No. RC-20/2018/NIA/DLI and for grant of interim bail for a period of one monthto the appellant because his wife has to undergo for a surgery for 'potential hysterectomy' because of uterine fibroids.

(2.) Learned counsel for the appellant had earlier preferred an Appeal before this Court bearing Crl. Appeal No. 341/2020, against the order dated 11th June, 2020 passed by the court of Sh. Parveen Singh, Learned ASJ (NIA), Patiala House Courts, New Delhi, whereby the first Interim Bail Application of the appellant was rejected. The aforesaid Appeal had come up for hearing on 29th June, 2020 before this Court and vide order of the even date, this Court gave liberty to the petitioner to file a bail application afresh before the Court of Learned ASJ (NIA), Patiala House Courts, New Delhi on the ground that some medical documents pertaining to the requirement of surgery of the appellant's wife were of a date subsequent to 11th June, 2020 when the first bail application was rejected by the learned Trial Court and in that view of the matter these were required to be considered by learned Trial Court. Subsequent to the aforesaid order dated 29th June, 2020 of this Court, the appellant moved a fresh interim bail application before the Learned Trial Court. However, after going through the reply and medical/verification reports filed by the respondent and after hearing the Learned Counsel for the appellant, the learned ASJ dismissed the application vide impugned order dated 06th July, 2020 on the ground that the surgery, the wife of the appellant is required to undergo is not a major one.

(3.) In this appeal, the learned counsel for the appellant has submitted that appellant's wife has been advised by gynecologist of Unique hospital located at Vaisali Nagar, Jaipur that she will have to undergo surgery for removal of fibroid/tumor in her uterus and hysterectomy might also be required to be done and the said fact is reflected from medical documents dt. 22nd June, 2020 and 27th June, 2020. It is, therefore, prayed that the impugned order dated 06.07.2020 be set aside and appellant be granted interim bail for a period of at-least 30 days in order to organize the funds, prepare his wife for surgery, accompany her at the time of surgery and to organize supply of blood and other ancillary activities related to surgery.