A single Bench lacks jurisdiction to extend bail orders to cases under the National Investigation Agency Act, requiring appeals to be heard by a two-judge bench.

JUDGMENT :

Learned counsel for the petitioner prays for modification of bail order dated 27.02.2018 passed in B.A. No.963 of 2018.

2. This bail application was filed by the petitioner as he was taken in custody, in connection with Garu P.S. Case No.32 of 2017, corresponding to G.R. No.604 of 2017, which was pending before the learned S.D.J.M., Latehar.

3. The offences which was alleged committed by the petitioner was punishable under Section 120 -B of the Indian Penal Code, Section 17 of the CLA Act, Sections 25 (1-A), 26(2)/35 of the Arms Act and Sections 16 /20/23 of the UPA Act.

4. Considering the custody of the petitioner, the petitioner was granted bail on 27.02.2018.

5. The petitioner did not file the bail bonds on the ground that he was in custody in some other case being F.I.R. being RC-14/2017/NIA/DLI, corresponding to Special (NIA) Case No.02 of 2017. Thereafter, the petitioner has been granted bail in the aforesaid case in Cr. Appeal (DB) No.380 of 2024. During the intervening period, the NIA took over the investigation and Section 121A, 123A, 386, 411 and 120B of IPC , and further, Sections 17 , 18, 19, 23, 39 and 40 of UAPA were also added. All these offences are triable by Special NIA Court.

6. Petitioner submits that when the petitioner was already granted bail, he may be allowed to furnish the bail bonds and the order be kindly be modified to the effect that this order of bail be made applicable in the NIA case being RC 03/2021/NIA/2021 also.

7. Learned counsel appearing on behalf of the NIA opposes the prayer and submits that since some more Sections have been added and all the offences are triable by the NIA Court, the petitioner has to move before the NIA Court and if the bail is rejected, then appeal will be heard by the Division Bench, hence this modification should not be allowed.

8. After hearing the parties, I find that petitioner was earlier granted bail. Initially, the case was not handed over to NIA. The F.I.R. was initially registered under Sections 120B of IPC , Section 17 CLA Act, Sections 25 (1-A), 26(2) and 35 of the Arms Act and Sections 16 , 20 and 23 of the Unlawful Activities (Prevention) Act ( UAPA ).

9. Before the petitioner could be released, the matter was taken by the NIA and now cognizance has been taken in Special NIA Case No.3 of 2021, under Section 121A, 123A, 386, 411 and 120B of IPC , Sections 25 (1- A), 26(2) of the Arms Act and Sections 17 , 18, 19, 23, 39 and 40 of the Unlawful Activities (Prevention) Act by the NIA Court.

10. The modification as sought by the petitioner amounts to extending bail of the petitioner for these offences also, which will be applicable to schedule offence under NIA Act.

Be it noted that the petitioner has already been remanded in this case.

11. Section 21 of the National Investigation Agency Act, 2008 provides provision of appeal. It is a statutory provision. of the National Investigation Agency Act is quoted hereunder:-

21. Appeals.—(1) Notwithstanding anything contained in the Code, an appeal shall lie from any judgment, sentence or order, not being an interlocutory order, of a Special Court to the High Court both on facts and on law.

(2) Every appeal under sub-section (1) shall be heard by a bench of two Judges of the High Court and shall, as far as possible, be disposed of within a period of three months from the date of admission of the appeal.

(3) Except as aforesaid, no appeal or revision shall lie to any court from any judgment, sentence or order including an interlocutory order of a Special Court.

(4) Notwithstanding anything contained in sub-section (3) of