(1.) The National Investigation Agency ("NIA") has filed the present appeal challenging order dated 17/03/2020 passed by the Additional Sessions Judge and Special Judge under the National Investigation Agency Court, Greater Mumbai ("NIA Court") whereby the bail application filed by the respondent was allowed and the respondent was directed to be released on bail subject to specific conditions. The NIA Court granted stay of its own order till 27/03/2020. The NIA immediately approached this court by filing the present appeal. On 26/03/2020, this court continued the stay of the aforesaid impugned order passed by the NIA Court, as a consequence of which, the respondent has continued in custody.
(2.) The facts, in brief, leading to filing of the present appeal are that on 28/11/2014, a First Information Report ("FIR") was registered at the behest of the NIA against the respondent for offences punishable under Section 125 of the Indian Penal Code ("IPC") and Sections 16, 18 and 20 of the Unlawful Activities (Prevention) Act, 1967 ("UAPA"). It was the case of the NIA that the respondent along with three absconding accused persons had visited Iraq ostensibly for pilgrimage along with other persons, who were on pilgrimage but, the accused persons including the respondent never visited the sites of pilgrimage and, instead, escaped into Iraq and Syria with the intention of indulging in jihadi activities by joining Islamic State for Iraq and Levant ("ISIL"). According to the NIA, the said accused persons including the respondent herein formed an unlawful association with an intention to promote terrorism in Iraq, Syria and India. They also participated in terrorist activities in Syria and Iraq and they were likely to commit such acts in India also. The respondent had allegedly returned to India with the intention of carrying out such terrorist acts in India, including blowing up the Police Headquarter at Mumbai.
(3.) On 29/11/2014, the NIA arrested the respondent and produced him before the jurisdictional NIA Court at Mumbai and he was remanded to police custody. Thereafter, investigation was undertaken and eventually, detailed charge-sheet running into thousands of pages was filed in the NIA Court against the respondent. There is no dispute about the fact that the respondent has continued in custody since the aforesaid date of his arrest, thereby showing that he has remained in custody for more than six years.