RABICHAND SAIROM Vs. NATIONAL INVESTIGATION AGENCY, MINISTRY OF HOME AFFAIRS

JUDGEMENT

(1.) Heard Mr. M.Hemchandra, learned senior counsel for the appellant and Mr.Kh.Samarjit, learned counsel for the respondent/ NIA.

(2.) This criminal appeal has been filed against the order of the Special Judge (NIA) dated 7.9.2018 passed by the Special Judge (NIA), Manipur in Cril. Misc. (B) Case No.1 of 2018 rejecting the application for releasing the accused on bail. The Special Judge (NIA) took into consideration the objection of the investigating agency that there was likelihood of the accused influencing the witnesses while on bail and that he was treated at JNIMS hospital consequent to the opinion of the State Medical Board and therefore, the prayer for bail was rejected. Since the bail was rejected on 7.9.2018, the present appeal has been filed challenging the order. In the meanwhile, the respondent/NIA states that they have filed charge-sheet in the present case and the trial has started. The petitioner in his additional affidavit dated 18.12.2019 has enclosed Annexure-A/12, an order passed by the Trial Court on 31.10.2019 in Cril. Misc. B.Case No.77 of 2019 whereunder the Trial Court, after considering the plea filed by the wife of one of the accused, namely, Sapam (Ongbi) Somola Devi, after considering the factual aspects of the case and the objection of the investigating agency, was inclined to grant bail on certain terms and conditions. In the present case, the appellant's plea is that similar indulgence should be shown by this Court.

(3.) Mr.Samarjit, learned counsel for the respondent, however, pleads that the issue of grant bail, after the charge sheet has been filed, can be agitated before the Special Judge(NIA) who will appreciate the case of the petitioner, if such an application is moved on its own merit subject to objection that the investigating agency may place before the competent Court. He also pleaded that important factual issue will have to be considered before the trial Court considers grant of bail. In such circumstances, the appellant should be asked to move an application before the competent Court, namely, Special Judge(NIA) as in the case of the co-accused, which can be considered on merits.