The main legal point established is that the rigours of statutory restrictions under the UA(P) Act can be diluted if the accused has been incarcerated for a long time, and that pre-trial detention must not be indefinite.

JUDGMENT

(Prayer: Criminal Appeal filed u/s. 21of National Investigation Agency Act, 2008, to set aside the impugned order dated 24.11.2023 passed by the learned District and Sessions Judge, Sessions Court under Exclusive Trial of Bomb Blast/POTA/NIA Cases, Chennai at Poonamallee, Chennai in Crl.MP No.2227 of 2023 in Spl.S.C.No.9 of 2022 and enlarge the appellant on bail.)

1. instant appeal has been preferred by the accused, challenging the order passed in Crl.MP No.2227 of 2023 in Spl.S.C.No.9 of 2022 dated 24.11.2023, by the learned District and Sessions Judge, Sessions Court under Exclusive Trial of Bomb Blast/POTA/NIA Cases, Chennai at Poonamallee, Chennai, dismissing the bail application filed by him.

2. The appeal arises under the following circumstances:

(i) The respondent police registered a case in Cr.No.1 of 2013 against the appellant for the offences under Sections 109, 120(b), 153(A) of IPC, Sections 16, 17 and 18 of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as the UA (P) Act) and Section 120 B r/w 25(1-B)(a) of the Arms Act, 1959 on 27.07.2013. Immediately thereafter, the appellant was arrested in the said case.

(ii) The appellant filed several bail applications before the trial Court viz., Crl.M.P.Nos.385/2017, 293/2018, 436/2019, 137/2020, 488/2021, 205/2022, 645/2023 and all the applications were dismissed.

(iii) Challenging the order passed in Crl.M.P.No.293 of 2019, the appellant preferred an appeal in Crl.A.No.109 of 2019 before this Court and this Court by order dated 26.06.2019 dismissed the appeal on the ground that the appellant was a life convict, who was convicted in S.C.No.456 of 2000 and that the appellant had played an active role in promoting enmity between different groups on the ground of religion by procuring explosives to be used for the purpose of Jihad against particular community.

(iv) The appellant thereafter filed Crl.M.P.No.2227 of 2023 before the trial Court and the same was dismissed on 24.11.2023 and the said order is under challenge in this appeal.

3. The case of the prosecution is that the appellant is arrayed as Accused No.19; that all the accused entered into a conspiracy to teach a lesson to the Government for not releasing the Muslim convicts interned in prisons for several years and thereby creating disharmony, to disturb public order and tranquillity and with intent to strike and annihilate the Hindu leaders in the name of Jihad; and that the appellant is guilty of the offences stated supra.

4. (i) Mr.R.Sankarasubbu, learned counsel appearing for the appellant would submit that the appellant is in custody from 1998 onwards for a different case and he was remanded in the instant case on P.T.Warrant on 16.07.2014. The respondent had not recovered any incriminating materials from the appellant and the appellant is sought to be prosecuted only on the confession of the co-accused.

(ii) The learned counsel further submitted that though he was convicted in a murder case in S.C.No.456 of 2000, the Government had recommended for pre-mature release and this Court had granted interim bail to the appellant. However, the appellant could not be released in view of his detention in the instant case.

(iii) The learned counsel also submitted that though the charges were framed in the year 2015 and the prosecution has cited nearly 121 witnesses, the case is proceeding in a very slow pace and only 3 witnesses have been examined and therefore, he is entitled to bail in view of the judgment of the Hon'ble Supreme Court in Union of India Vs. K.A.Najeeb, reported in 2021 (3) SCC 713 and prayed for the grant of bail to the appellant.

5. (i) The learned Additional Public Prosecutor per contra reiterated the averments made in the counter affidavit filed on behalf of the respondent and submitted that the appellant had played an active part in the conspiracy and was involved in several