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KAKHETO SEMA, BUDI HABUNG
National Investigation Agency – Appellant
Versus
Zingshongam Muinao – Respondent
JUDGMENT :
Budi Habung, J.
1. Heard Mr. D. Bharadwaj, learned PP, NIA for the appellant. We have also heard Mr. A. Zhimomi, learned counsel for the respondent/accused.
2. This is an appeal under section 21 (4) of the NIA Act, 2008 which has been preferred by the National Investigation Agency (NIA), Imphal, Manipur assailing the bail order dated 13.06.2022 passed by the learned Special Judge NIA court, Dimapur, Nagaland in I.A.(Bail) No.41 of 2022 arising out of NIA case No.RC- 02/2020/NIA-GUW by which the learned Special Judge, NIA court has enlarged the respondent accused Zingshongam Muinao (A-4) on bail who was arrested on 05.07.2020 in connection with RC- 02/2020/NIA-GUW.
3. The brief fact of the appellant's case leading to the filing of this present appeal is that on 04.07.2020 an input was received regarding financial transactions being diverted from Government Funds and projects (PMGSY, NREGA etc.) and other construction works going on in the states of Manipur and Nagaland by sympathizers and over ground workers of NSCN-IM under the directions of SS Col Rayilung Nsarangbe of NSCN-IM. Based on the information, a joint operation was launched by Assam Rifles with the local police an
The court upheld the bail granted to the accused, emphasizing the importance of a speedy trial and the absence of any bail condition violations, despite serious charges under the UAPA.
Bail under the UA(P) Act is an exception; courts must assess prima facie evidence and risks of tampering or flight before granting bail.
The right to fair and speedy trial is recognized under Article 21 of the Constitution of India. The High Court's decision reaffirms the principle that undertrials cannot be allowed to languish for ye....
The court held that the Special Court did not err in dismissing the appellant's bail application, as there were reasonable grounds to believe that the accusations against the appellant were prima fac....
Using as genuine a forged document or electronic record - Bail granted - Clause (b) of section 21(4) of MCOC Act it becomes evident that it contains an interdict against grant of bail unless Court sa....
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....
(1) Statutory restriction like Section 43-D(5) of UAPA per se does not operate as an impediment on powers of Constitutional Court to grant bail, if a case of infringement of constitutional guarantee ....
The right to speedy trial under Article 21 of the Constitution of India is imperative, and prolonged incarceration without the likelihood of a timely trial may warrant the grant of bail.
The judgment established that the continued detention of the appellant was in violation of his right to personal liberty, and he was entitled to bail considering the delay in trial and the gravity of....
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