IRFAN SHAFI MIR Vs. NATIONAL INVESTIGATING AGENCY

JUDGEMENT

(1.) The instant appeal filed by the appellant-accused, namely, Irfan Shafi Mir, son of late Sh. Mohd. Shafi Mir, resident of H.No. 44, Diaroo, P/S Keegam, District Shopian, J&K (hereinafter referred to as appellant- accused) is directed against the order dtd. 6/12/2022 passed by the learned 3rd Additional Sessions Judge, (Special Court constituted under Sec. 22 of NIA Act), Jammu, (hereinafter referred to as 'trial Court'), whereby the application filed by the appellant-accused for his release on short term bail/parole in case RC No. 01/2020/NIA/JMU under Sec. 120B/121/121A/122 IPC and Ss. 17/18/18B/19/23/38/39/40 UA(P) Act Sec. 25(1) (a) and 35 of Arms Act and Ss. 4 and 5 of Explosive Substances Act on medical grounds has been dismissed.

(2.) The genesis for calling in question the order impugned is the alleged medical condition of the appellant-accused which is claimed to be deteriorating day by day while being in custody as the appellant-accused has been advised immediate surgery for both renal culsi and anal tissues for which the concerned Jail is not equipped with medical infrastructure. That right to life being a fundamental right and the respondent by not providing the required treatment is violating his said right and the rejection of the bail by the trial Court amounts to denial of fundamental right to life to the appellant-accused, particularly, when he is suffering from a life consuming disease.

(3.) The grounds taken by the appellant-accused in the present appeal inter alia includes his willingness to undertake not to make any inducement, threat or promise to any person acquainted with the facts of the case directly or indirectly, so as to dissuade him from disclosing such facts to the Court or any law enforcing authority. That the appellant-accused is son of the soil and has no golden wings to flee and shall participate in the trial and make himself available on each and every hearing of the case. That there is no likelihood of the appellant-accused to abscond or tamper with the prosecution evidence so on so forth.