HANY BABU Vs. NATIONAL INVESTIGATION AGENCY

JUDGEMENT

(1.) This is an Appeal under Sec. 21(4) of the National Investigation Agency Act, 2008 (for short 'NIA Act') by the Original Accused No.12, impugning the Order dtd. 14/2/2022, passed below Exh. 535, in NIA Special Case No.414 of 2020, by the learned Special Judge, NIA, City Civil and Sessions Court, Greater Mumbai. By the impugned Order, the Application for bail filed by the Appellant under Sec. 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.) for the offences punishable under Ss. 121, 121-A, 124-A, 153-A, 505(1)(b), 115, 120-B, 201 read with 34 of the Indian Penal Code, 1872 and Ss. 13, 16, 17, 18, 18-A, 18-B, 20, 38 and 39 of the Unlawful Activities (Prevention) Act, 1967, has been rejected by the trial Court.

(2.) Record reveals that, against the said Order dtd. 14/2/2022 passed below Exh.535, the appellant had filed Criminal Appeal No.351 of 2022 before this Court. The co-ordinate Bench by its Judgment dtd. 19/9/2022, dismissed the said Appeal. The said Judgment dtd. 19/9/2022, was assailed by the Appellant before the Hon'ble Supreme Court by filing Petition(s) for Special Leave to Appeal (Cri.) No(s). 1596 of 2024. As in the intervening period there was change of circumstance, the learned counsel appearing for the Appellant did not press the said Appeal by submitting before the Hon'ble Supreme Court that, the Appellant would approach the High Court for an appropriate remedy. The Hon'ble Supreme Court by its Order dtd. 3/5/2024, dismissed the said Special Leave to Petition as not pressed for. The Appellant thereafter filed present Appeal on 10/6/2024. By an Administrative Order dtd. 3/3/2025, the Hon'ble the Chief Justice was pleased to assign the Appeal to this Bench.

(3.) In this background learned counsel for the Appellant requested this Court to hear this Appeal. Mr.Singh, learned Additional Solicitor General of India, with the usual fairness at his command acceded to the request of the Appellant for hearing of the Appeal before the High Court.