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VIPUL M. PANCHOLI, RUDRA PRAKASH MISHRA
Mandeep Yadav @ Manjeet Yadav @ Matla – Appellant
Versus
National Investigation Agency – Respondent
Vipul M. Pancholi, J.—The appellant has filed the present appeal under Section 21(4) of the National Investigation Agency Act, 2008 (hereinafter referred to as ‘NIA Act’) against order dated 09.08.2024 passed by the learned Special Judge, NIA, Patna in connection with Special NIA Case No. 06 of 2022 arising out of R.C. No. 25/2022, whereby the learned Special Judge, NIA, Patna rejected the bail application filed by the appellant.
2. Heard learned counsel for the appellant Mr. Arvind Kumar Mouar assisted by Mr. Raj Krishna Jha and Dr. K.N. Singh, learned A.S.G. for the N.I.A. assisted by Mr. Arvind Kumar, Mr. Shivaditya Dhari Sinha, Mr. Paritosh Parimal and Mr. Pramod Kumar.
3. Brief facts, leading to filing of the present appeal, are as under:—
3.1. Informant gave her fardbeyan, on 02.11.2018 at 09:15 p.m., alleging that, on 02.11.2018 at about 05:30 p.m., husband of the informant was abducted by C.P.I. (Maoist) cadres from his house using motorcycle No. BR260844. Thereafter, the husband of the informant, namely Naresh Singh Bhokta, was produced in Jan Adalat attended by more than 50-60 maoists north of village Sahiya, P.S. Madanpur, District-Aurangabad. Thereafter, it was learnt that
Pardon person - where the provisions of Section 306(4)(b) of the Cr.P.C. 1973 stipulate categorically to the effect that every person accepting a tender or pardon made under Sub-Section (1) of Sectio....
An approver, granted pardon, may be released on bail under inherent power despite legislative bar, reflecting the need for justice and preventing undue detention.
The High Court can exercise its inherent powers under Section 482 of Cr.P.C. to release an approver granted pardon, despite the restrictions of Section 306(4)(b), particularly in light of special cir....
Court clarified the procedure for granting pardon to accomplices under Section 306 Cr.P.C., emphasizing its critical role in prosecuting serious offenses while ensuring adherence to legal standards.
Bail under UAPA is an exception; serious charges and prima facie evidence against the accused justify denial of bail.
Prolonged detention of an approver without trial violates the fundamental right to speedy trial under Article 21, applicable to foreign nationals.
Bail – Section 436-A of Cr.P.C. does not exclude offences under NDPS Act – Deprivation of personal liberty without ensuring speedy trial is not consistent with Article 21.
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