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RAVINDRA MAITHANI
Abdul Malik – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Hon’ble Ravindra Maithani, J.
Applicant Abdul Malik is in judicial custody in FIR No. 21 of 2024, under Sections 147, 148, 149, 307, 395, 323, 332, 341, 342, 353, 412, 427, 436, 420B IPC, Section 3 and 4 of Prevention of Damage to Public Property Act, 1984, Section 7 of Criminal Law Amendment Act, 1932, Section 3/25, 4/25, 7/25 of the Arms Act, 1959 and section 15/16 of the Unlawful Activities (Prevention) Act, 1976 (“UAPA”), Police Station Banbhoolpura, District Nainital. He has sought his release on bail.
2. Heard learned counsel for the parties and perused the record.
3. As soon as the matter is taken up, learned State counsel raised question with regard to the maintainability of the bail application. She submits that the applicant seeks bail under the provisions of the UAPA. The bail rejection order has been passed by the Sessions Judge, Haldwani. Therefore, it is argued that instant bail application is not maintainable, instead the applicant ought to have appealed the bail rejection order, in view of Section 21 of the National Investigating Agency Act, 2008 (“the NIA Act”).
4. Instant bail application on merits has not been heard. Arguments have been heard on the questio
Bail applications under UAPA must be appealed to a Division Bench under Section 21 of the NIA Act, not maintained before the High Court.
The main legal point established is that the bail application under the NIA Act is maintainable under Section 439 of the Cr.P.C. if the case has not been notified to the Central Government as require....
Offence of Attempt to Murder - Bail Application - Power under Section 439 cannot be exercised when there is specific provision in the statute for filing appeal before High Court against an order of g....
Scheduled offences under the U.A.P.A. Act are exclusively triable by Special Courts set up under the N.I.A. Act, and appeals from their judgments, sentences, or orders are to be heard by the Division....
An application for bail under Section 439 of the Code of Criminal Procedure invoking the NIA Act, 2008 is not maintainable, and orders granting or refusing bail are appealable to the High Court under....
(1) Orders granting or refusing to grant bail are of interlocutory nature.(2) Application under Section 439 of Code of Criminal Procedure invoking National Investigation Agency Act, 2008 is not maint....
An application under Section 482 Cr.P.C. challenging a Special Court's refusal to discharge is not maintainable; remedies are available under Section 21(1) of the NIA Act.
: Grant of bail – State Government has power to designate one or more Courts of Session as Special Courts for trial of offences under any or all enactments specified in Schedule to NIA Act.
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