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2023 Supreme(SC) 518

B. R. GAVAI, SANJAY KAROL
Kekhriesatuo TEP Etc. – Appellant
Versus
National Investigation Agency – Respondent


Advocates appeared:
For the Appellant(s) : Mr. R. Basant,Sr.Adv. Mr. Nandadevi Deka,Adv. Mr. Savyasachi Rawat,Adv. M. Padhi,Adv. Mr. Anand Varma, AOR
For the Respondent(s): Mr. V Mohana, Sr. Adv. Mr. Rajat Nair, Adv. Ms. Suhasini Sen, Adv. Mr. Harish Pandey, Adv. Mr. Vatsal Joshi, Adv. Mr. Vinayak Sharma, Adv. Mr. Arvind Kumar Sharma, AOR Ms. Bhavya Pande,Adv.

JUDGMENT :

B.R. Gavai, J.

1. The Criminal Appeal Nos.415-417 of 2019 and Criminal Appeal Nos.418 of 2019 challenge the judgments and orders dated 8th May 2018 and 3rd September 2018 respectively, passed by the learned Division Bench of the Gauhati High Court, vide which the bail granted to the appellants herein came to be cancelled.

2. The appellants, in Criminal Appeal Nos.415-417 of 2019, came to be arrested on 13th October 2017, whereas the appellant, in Criminal Appeal Nos.418 of 2019, came to be arrested on 25th March 2018.

3. The appellants in Criminal Appeal Nos.415-417 of 2019 and Criminal Appeal Nos.418 of 2019, moved the learned Special Court, National Investigating Agency, Nagaland, Deemapur (hereinafter referred to as ‘the NIA’), for grant of bail. Vide orders dated 17th October 2017 and 28th March 2018 respectively, the said applications came to be allowed.

4. Being aggrieved thereby, the NIA filed appeals before the Guwahati High Court. The Division Bench, vide the impugned orders, allowed the appeals and reversed the orders dated 17th October 2017 and 28th March 2018.

5. While issuing notice, vide orders dated 28th May 2018 and 20th September 2018, this Court also stayed t


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