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2022 Supreme(Jhk) 831

SHREE CHANDRASHEKHAR, RATNAKER BHENGRA
Sanjay Jain, S/o. Sh. Padam Kumar Jain – Appellant
Versus
Union of India, through NIA – Respondent


Advocates Appeared:
For the Appellant : Mr. Shubham Gupta, Ms. Pinky Shaw.
For the NIA : Mr. A.K. Das.

JUDGMENT :

Shree Chandrashekhar, J.

This criminal appeal has been assigned to DB-III by an order dated 26th August 2021 passed on the administrative side by Hon'ble the Chief Justice of Jharkhand High Court.

2. The present criminal appeal has been preferred under section 21 of National Investigation Agency Act, 2008 (in short, ‘NIA’) against the order dated 25th July 2019 passed in Special (NIA) Case No. 03 of 2018.

3. Misc. Criminal Application No. 821 of 2019 was filed by the accused under section 227 of the Code of Criminal Procedure seeking discharge in the Special (NIA) Case arising out of RC-06/2018/NIA/DLI.

4. The learned Judicial Commissioner, Ranchi who was the designated Special Judge (NIA) dismissed the application for discharge vide order dated 25th July 2019 holding that involvement of Sanjay Jain in commission of the offence under sections 384, 414, 109, 120B of the Indian Penal Code (in short, 'IPC'); section 17, 18 and 20 of the Unlawful Activities (Prevention) Act (in short, ''UA(P) Act'') and; section 17 of the Criminal Law Amendment Act, 1908 (in short, ''CLA Act'') is prima facie established. The learned Special Judge further held that there are sufficient incriminat

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