TIPRU BURUMA Vs. NATIONAL INVESTIGATION AGENCY, NEW DELHI

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the National Investigation Agency (in short NIA).

(2.) This appeal, under Section 21(4) of the National Investigation Agency Act, 2008, arises out of the impugned order dated 6.07.2019, passed by the learned Judicial Commissioner-cum-Special Judge, N.I.A., Ranchi, (herein after referred to as the 'NIA Court'), in Misc. Cr. Application No.698 of 2019 in Special (NIA) Case No.01 of 2017, R.C. No.11/2017/NIA/DLI, arising out of Bundu P.S. Case No.65 of 2008, dismissing the bail application of the appellant.

(3.) The case relates to an occurrence dated 9.07.2008, when in a prize distribution function in a high school at village Bundu, the local MLA and three persons were killed, including a child of the school, in indiscriminate firings made by the extremists belonging to CPI (M) Party. Initially the police case was instituted for the offences under Sections 302 / 34 of the Indian Penal Code, read with Section 120-B of the Indian Penal Code, Sections 18, 19 and 20 of the Unlawful Activities (Prevention) Act, 1967, and Section 25(1-B) of the Arms Act. Subsequently, the case was handed over to the NIA and the matter was investigated by it, and after investigation of the case, charge-sheet has been submitted by the NIA. The appellant was apprehended, who confessed his guilt and also consented to making a full and true disclosure of the whole of the circumstances relating to the offence and about the involvement of the other culprits belonging to CPI (M) Party, by whom the offence was committed. Accordingly, the appellant has also been made approver in the case, and was tendered pardon by the NIA Court, which he voluntarily accepted.