UNION OF INDIA Vs. ABDUL RAZAAK

JUDGEMENT

(1.) Under assail in the present criminal appeals are the order dtd. 20/10/2023 passed in Crl.M.P.Nos.1565 and 1566 of 2023 in RC.No.42/2022/NIA /DLI.

(2.) The bail order was passed in favour of accused persons A15 and A18 respectively based on the order passed by this Court in the case of Barakathullah vs. National Investigation Agency,[CRL.A.Nos.98, 114 and 116 of 2023] dtd. 19/10/2023. The said judgment passed by the Division Bench of this Court was challenged before the Hon'ble Supreme Court of India by the National Investigation Agency and by judgment dtd. 22/5/2024 in CRL.A.Nos.2715 to 2719 of 2024, the Hon'ble Supreme Court was pleased to set aside the order of this Court dtd. 19/10/2023. As such, the order on the basis which the Trial Court has granted bail to the accused persons A15 and A18 herein were set aside by the Hon'ble Supreme Court subsequently. Thus, it necessitate the National Investigation Agency to prefer the present appeals with a delay. The reasons are stated to condone the delay in filing the criminal appeals falls beyond the control of the National Investigation Agency and therefore, the delay is to be condoned.

(3.) The appellant is the Union of India represented by the Inspector of Police, National Investigation Agency (NIA), Chennai. The respondents are the accused persons A15 and A18. The respondents filed bail petitions under Sec. 439 of Criminal Procedure Code read with Sec. 43D of Unlawful Activities (Prevention) Act, 1967 [hereinafter referred as 'UA(P) Act']. The bail petitions were allowed on conditions. Aggrieved by the bail order, the National Investigation Agency preferred these criminal appeals under Sec. 21(5) of the National Investigation Agency Act, 2008 [hereinafter referred as 'NIA Act']. The appeals are numbered subject to maintainability, since there is a delay in filing the criminal appeals by the appellant.