JUDGMENT :

J.B. Pardiwala, J.

1. “Crime and the actions of the criminal justice system are mutually responsive, influencing each other in ways that are only minimally predictable; general changes in the political and socio-economic climate will affect both crime and the criminal justice system in a similar manner”. Alfred Blumstein in Encyclopedia of Crime and Justice, Khadish (ed.).

2. This Criminal Appeal under Section 21 of the National Investigation Agency Act, 2008 (for short, “the N.I.A. Act”) read with Section 439 of the Code of Criminal Procedure, 1973 (for short, “the Code”) is at the instance of an undertrial accused questioning the legality and validity of the order passed by the Special Judge (NIA), City Sessions Court, Ahmedabad, dated 4th March 2020 rejecting the bail application filed by the accused in connection with the First Information Report registered with the Rajkot ‘A’ Division Police Station, Rajkot, vide I-C.R. No.51 of 2017, and later, re-registered vide R.C. No.06-2017/NIA/ DLI with the National Investigation Agency for the offences punishable under Sections 120B, 201, 406, 420, 489A, 489B, 489C, 489D, 468 and 471 of the Indian Penal Code.

3. It appears from the materials on record that the accused appellant was arrested on 24th February 2017. Upon completion of the investigation, chargesheet was filed on 3rd June 2017 against in all six persons including the appellant herein for the alleged offences enumerated above. The filing of the chargesheet culminated in the Special Case (NIA) No.1 of 2017 in the Court of the Special Judge (NIA), Ahmedabad.

4. We also take notice of the fact that in the past, the appellant herein had preferred the Criminal Appeal No.909 of 2017 before this Court with a plea that he may be released on bail. The Criminal Appeal No.909 of 2017 was disposed of by a Coordinate Bench vide order dated 4th April 2018, which reads as under :

“Shri Pratik Jasani, learned advocate appearing on behalf of the appellant, under instructions from his client, does not press the present Appeal at this stage and seeks permission to withdraw the same with a liberty to file a fresh application in case there is a delay in concluding the trial and the trial is not concluded within the reasonable time. Permission is accordingly granted. Appeal stands dismissed as withdrawn with the above liberty. The learned Special Court is directed to frame the charge after following the due procedure, as required, at the earliest but not later than two weeks from the date of receipt of the present order. All concerned are directed to cooperate with the learned Special Court to frame the charge within the stipulated time stated hereinabove and also in concluding the trial at the earliest.”

5. We also take notice of the fact that the prosecuting agency proposes to examine 77 witnesses in support of its case. Considering the fact that the appellant herein is in jail past almost five years, we thought fit to pass the following order dated 16th July 2021 :

“1. We have heard Mr. Chetan Pandya, the learned counsel assisted by Mr. Abhishekkumar Malvi, the learned advocate appearing for the appellant – original accused and Mr. Devang Vyas, the learned Additional Solicitor General of India appearing for the National Investigation Agency.

2. We take notice of the fact that the appellant has been put to trial for the offences punishable under Sections-120B, 201, 406, 420, 489A, 489B, 489C, 489D, 468 and 471 of the Indian Penal Code in the Special Court of NIA, Ahmedabad. The prosecution is of the year 2017. We are informed that till this date the NIA Court has been able to examine 22 prosecution witnesses. The prosecution proposes to examine around 147 witnesses.

3. We also take notice of the fact that in the past, the appellant had come before this Court with the plea to release him on bail and the same was declined by a Co-ordinate Bench of this Court vide order dated 04.04.2018 passed in the Criminal Appeal No.909 of 2017. The order