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S. VAIDYANATHAN, W. DIENGDOH
Wallam Jingsuk Barim – Appellant
Versus
Union of India – Respondent
ORDER
S. Vaidyanathan, C.J. - The petitioner is arrayed as an Accused No.3 (A3) in connection with a Special NIA Case No.1 of 2022 (NIA Case No.RC-7/2022) registered for the alleged offences punishable under Section 120B/121/121A/122 IPC read with Sections 3 and 5 of the Explosive Substance Act, 1908 and a Charge Sheet was filed vide Charge Sheet No.18/2022 dated 29.07.2022 under Section 120B IPC r/w Section 6 of Explosive Substance Act, 1908.
2. The petitioner had moved bail applications before the Special Judge (NIA) and the same was rejected on 22.09.2022, 09.03.2023 and 21.08.2023. Thereafter, the petitioner has filed a bail application before this Court, which was taken up as Bail No.48 of 2023 and the same was withdrawn on 28.09.2023 with liberty to file afresh application.
3. According to the petitioner, there are no materials to implicate the petitioner, who is said to be a member of the banned Hynniewtrep National Liberation Council (HNLC) and there is no order of detention under Unlawful Activities (Prevention) Act, 1967. It is submitted by the petitioner that for an offence falling under Section 120B IPC namely, criminal conspiracy, the maximum punishment that can be impose
The court established that the NIA Act's strict timelines for appeals must be followed, and the right to bail is statutory, not fundamental, limiting the court's discretion in condoning delays.
The judgment in Buhari @ Kichan Buhari's case is overruled, affirming that the limitation period under Section 21(5) of the NIA Act is mandatory and cannot be condoned beyond specified limits.
The court ruled that the 90-day limit for filing appeals under the National Investigation Agency Act is mandatory, and failure to comply renders the appeal not maintainable.
Bail under UAPA is an exception; serious charges and prima facie evidence against the accused justify denial of bail.
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 accused has an indefeasible right to default bail under Section 167(2) Cr.P.C. if no chargesheet is filed within the statutory period, and rights must be equally upheld among co-accused.
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