Songkhupchung Serto, J.

1. This is a criminal appeal directed against both the orders dated 08.12.2016 and dated 11.01.2017, passed by the learned Sessions Judge, Dimapur, in G.R. Case No. 718/2016, arising out of NIA Case No. R.C. 01/2016/NIA-GUW registered under section 384 IPC, 10/13/17/20 UA(P), 25(B) Arms Act, 7/8 NSR and 13 Drugs & Cosmetics Act whereby the respondent was first released on interim bail and the same was regularized. On 28.09.2016, the respondent/accused was arrested in connection with NIA Case R.C. 01/2016 and thereafter, he was remanded to judicial custody on 06.10.2016. The charge slapped against the accused was that he is a member of NSCN-K which is declared as a terrorist organization under the Unlawful Activities (Prevention) Act, 1967, and he was involved in illegal extortion from individuals and Government Departments in the State for funding the illegal activities of the organization of which he is a member.

While the investigation was going on and barely 70 days had passed from the date of his arrest, a bail application was submitted before the learned Sessions Judge, Dimapur, by his wife praying for his release mainly on the ground that his daughter who was only 12 years old then, was suffering from heart problem and she has been advised by a Doctor of Bethel Medical Centre Kohima, to go for further examination by a Cardiologist and Psychiatrics, and for that his presence was necessary. The learned P.P. NIA also appeared and the matter was heard on 08.12.2016. The learned Sessions Judge, Dimapur, on the same day, granted interim bail to the respondent for a period of 30 days with local surety bond of Rs. 1 lakh mainly for the purpose of enabling him to take care of his daughter's medical treatment. In the same order, the learned Sessions Judge, Dimapur, also directed the respondent to appear on 11.01.2017 i.e. on expiry of 30 days from the date of the order for further necessary steps.

On 11.01.2017 a Misc Case being No. 7/9 of 2017 was filed before the learned Sessions Judge, Dimapur, praying for regularisation of the interim bail granted to the respondent on 08.12.2016, on the ground that a Doctor namely, Avotuo Rhucha M.D. had advised treatment of his daughter by a Cardiologist at a better hospital outside the State and for that his presence would be necessary. The learned P.P. NIA objected the prayer on the ground that the investigation was going on full swing and for that the presence of the respondent was necessary. Despite the objection, the learned Sessions Judge, Dimapur, granted the prayer and regularised the interim bail passed on 08.12.2016. Not satisfied with the two impugned orders passed by the learned Sessions Judge, Dimapur, the National Investigation Agency (in short, NIA) to whom the investigation and prosecution of the case has been handed over has filed the present appeal assailing the same on two grounds;-

(i) That the impugned orders are perverse in law as the learned Sessions Judge, Dimapur, having acted as Special Judge under the National Investigation Agency Act could have exercise power to release an accused on bail only as provided under section 437 of Cr. PC and not under section 439 of the same code.

The learned P.P. NIA cited the decision of this High Court in the judgment and order dated 29.07.2009, passed in Bail Application No. 2605, 2639 and 2787 of 2009, Redaul Hussain Khan & Ors. Vs. State of Assam & Ors. reported in 2009 (3) GLT 855, paragraph-106 & 107 of the judgment. The same are reproduced here below;-

"106. What surface from the above discussion, held, as a whole, is that except as provided in section 167(2-A) of the code, a person, arrested in connection with an offence, under the NIA Act, can be remanded to custody police or judicial, by the Special Court, where the Special Court has been constituted, or by the Court of Session, where the Special Court has not been constituted. In view of the fact that the NIA Act envisages a situation, wherein an