MALSAWMKIMI Vs. NATIONAL INVESTIGATION AGENCY

JUDGEMENT

(1.) The appellants herein have preferred two different appeals under Section 21(4) of the National Investigation Agency Act, 2008, (hereinafter referred to as 'the NIA Act'). The appellant, Mrs. Malsawmkimi, has approached this Court, by way of Criminal Appeal No. 171/2011, aggrieved by the order, dated 09.09.2011, passed by the learned Special Judge, NLA, Guwahati, Assam, rejecting the appellant's prayer for bail in Misc. Case No. 25/2011, arising out of NIA Case No. 01/2009, under Sections 120B/121/121A IPC read with Sections 16, 17, 18 and 20 of the Unlawful Activities (Prevention) Act, 1967. On the other hand, the appellant, George Lawmthang, has preferred an appeal, which has given rise to Crl. Appeal No. 65/2012, aggrieved by the order, dated 23.09.11, passed by the learned Special Judge, NIA, Guwahati, Assam, in Misc. (Bail) Case No. 30/2011, arising out of in NIA case 01/2009. By this common judgment and order. we propose to dispose of both these appeals together inasmuch as both these appeals are closely inter-linked and, on the request, made by the learned counsel for the parties concerned, have been heard together.

(2.) We have accordingly heard Mr. D.K. Mishra, learned Senior counsel, for the accused-appellants, and Mr. D.K. Das, learned Senior counsel, appearing on behalf of the National Investigation Agency.

(3.) The material facts, giving rise to the present appeals, may, in brief, be set out as under.