NATIONAL INVESTIGATION AGENCY Vs. TULULA PONGEN

JUDGEMENT

(1.) Heard Mr. R.K.D. Choudhury, learned Asstt. Solicitor General of India assisted by Ms. L.Devi, learned counsel appearing for the appellant-National Investigation Agency (NIA). Also heard Mr. S. Dutta, learned Senior counsel assisted by Ms. A. Sangtam, learned counsel appearing for the respondent.

(2.) In this appeal, the appellant-NIA has challenged the order dtd. 9/2/2021 passed by the learned Special Judge, NIA, Dimapur, Nagaland in I.A. No.332/2020 arising out of R.C.02/2020/NIA-GUW by which the respondent had been granted bail on medical ground as the appellant had been stated to be suffering from Acute Lacunar Infarct with right sided hemiplegia and had been referred to outside the State for neurological consultation and further management on the basis of the report submitted by the Medical Board as per the direction of the Trial Court.

(3.) Mr. R.K.D. Choudhury, learned ASGI appearing for the appellant submits that if a person is charged under Sec. 17 of the UA(P) Act, 1967, bail cannot be granted only on the ground of medical condition, unless there is a finding by the Trial Court that accusation made against the accused is not prima facie true. Thus, if such accusation is prima facie true, there is no scope for enlarging the accused on bail even on medical ground.