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RAJEEV RANJAN PRASAD, SHAILENDRA SINGH
Paigambar Sheikh @ Abdul Aziz @ Phaim, S/o. Late Hazrat Ali @ Md Hazarat Sk @ Hazrat Sheikh – Appellant
Versus
Union of India (N. I. A) India – Respondent
JUDGMENT :
(Rajeev Ranjan Prasad, J.)
Heard Mr. N.K Agrawal, learned Senior counsel assisted by Mr. Wasif Rahman Khan, learned counsel for the appellants and Mr. Arvind Kumar, learned counsel for the National Investigation Agency (in short N.I.A.). Also perused the records of the learned trial court.
2. This appeal has been preferred under Section 21 (1) of the N.I.A Act, 2008. There are three appellants in this appeal who are seeking setting aside of the judgment of conviction dated 10.12.2021 and order of sentence dated 17.12.2021 passed by learned Special Judge, N.I.A., Patna in connection with Special Case Number 01 of 2018 arising out of N.I.A. P.S. New Delhi R.C. No. 04 of 2018 which arose out of Bodhgaya P.S. Case No. 34 of 2018 registered for the offences punishable under Sections 120, 121(A), 122, 123 and 153(A) of the Indian Penal Code (in short ‘I.P.C.’) and Sections 16, 18 and 20 of the Unlawful Activities (Prevention) Act, Sections 14, 17 and 19 of the Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 as also under Sections 4 and 5 of the Explosive Substances Act, 1908.
Prosecution Story
3. As per the prosecution case,
A guilty plea must be clear and constitute an admission of all facts constituting the offence; failure to ensure this can lead to miscarriage of justice.
An appeal does not lie under Section 21 of the NIA Act against an order framing charges. The court emphasized the limited scope of appeal allowed by the Act and the need to consider the purpose and c....
A guilty plea must be voluntary, based on informed understanding of charges, and clearly admit guilt for it to be valid under criminal procedure.
The court reaffirms that sentencing must balance the severity of the offence with mitigating factors and the potential for rehabilitation of the accused, reducing excessive life sentences in consider....
The main legal point established in the judgment is the consideration of evidence provided by prosecution witnesses, the nature and gravity of the offences committed, and the petitioners' age and cri....
The court upheld the denial of bail for certain accused under the UA[P] Act, emphasizing the prima facie truth of serious charges and the right to a speedy trial, balancing individual liberty against....
Court must sift evidence at charge-framing under CrPC ss.227/228; inadmissible materials like police disclosures, retracted statements, delayed TIPs cannot form basis for proceeding to trial in terro....
(1) Omission to frame a proper charge – Accused can properly defend himself provided he is clearly informed about nature of allegations against him before actual trial starts – Finding and sentence w....
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