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2024 Supreme(Mad) 1181
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, V.SIVAGNANAM, JJ.
Barakathullah - Appellant
Versus
Union of India – Respondent
Crl.A.No.982 of 2024
Decided on : 20-08-2024
Advocate Appeared:
For the Appellant : Mr.A.Raja Mohamed
For the Respondent: Mr.R.Karthikeyan Special Public Prosecutor
IMPORTANT POINT
The surrender of an appellant to prison authorities can render a bail application moot, eliminating the need for further judicial consideration.
Headnote:
CRIMINAL APPEAL - BAIL APPLICATION - The court addressed the appeal under the National Investigation Agency Act, 2008, focusing on the appellant's surrender to prison authorities. The court concluded that since the appellant was already in custody, no further adjudication was necessary, leading to the closure of the appeal.
Fact of the Case:
The appellant filed a criminal appeal under Section 21 of the National Investigation Agency Act, 2008, seeking to set aside an order from the Special Court regarding a bail application.
Finding of the Court:
The court found that the appellant had surrendered to the prison authorities and was currently lodged in prison, which negated the need for further adjudication on the bail application.
Issues: Whether the appeal regarding the bail application should proceed given the appellant's current status of being in custody.
Ratio Decidendi: The court determined that the appellant's surrender and current imprisonment rendered the appeal moot, as there was no longer a live issue to adjudicate.
Result: The Criminal Appeal was closed without further adjudication.
JUDGMENT :
[Judgment was delivered by S.M.SUBRAMANIAM, J.]
Prayer: Criminal Appeal filed under Section 21 of National Investigation Agency Act, 2008, to set aside the impugned order passed by the Special Court Under The National Investigation Agency Act, 2008 (Sessions Court For Exclusive Trial of Bomb Blast Cases, Poonamallee, Chennai in bail application Crl.M.P.No.1608 of 2024 in Spl.S.C.No.1 of 2023.
Mr.R.Karthikeyan, learned Special Public Prosecutor appearing on behalf of the respondent would submit that the appellant has surrendered before the Prison Authorities and now lodged in prison. That being the factum established, no further adjudication needs to be undertaken.
2. Accordingly, the Criminal Appeal stands closed.
