MOHAMMAD AMIN ILLAHIE Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) This appeal under Section 21 (3) of the National Investigation Agency Act (for brevity NIA Act) is directed against the order dated 06.02.2020, passed by the learned Special Judge Designated under NIA Act, Srinagar, whereby petition of the appellants/accused for grant of bail by default has been rejected.

(2.) It is averred in the appeal that the appellant No.1 was arrested on 08.03.2019 whereas appellants No.2 and 3 were taken into custody on 15.03.2019 in connection with case FIR No. 229/2017 for offences under Section 302, 307 RPC, 7/27 Arms Act and Sections 13, 16, and 18 of ULA(P) Act, of Police Station, Budgam. It is further averred that on 02.09.2019, the custody of the appellants/accused was changed to FIR No.69/2018 of Police Station, Budgam, and at that time, appellant No.1 had completed 177 days in custody whereas appellants 2 and 3 had completed 170 days in custody in connection with investigation of FIR No.229/2017.

(3.) It is also averred that on 16.09.2019, the appellants/accused were admitted to bail in case FIR No.69/2018 but in spite of that, they were not released from the custody nor their custody was shifted to FIR No.229/2017. It is further contended in the appeal that the appellants No.1 and 3 were taken into preventive custody under Public Safety Act whereas appellant No.2 was placed under preventive custody in terms of Section 107 of Cr.P.C.