The court granted interim bail to the appellant on humanitarian grounds following the death of his father, enabling him to perform customary burial rites, subject to strict police escort and territorial restrictions to ensure compliance and security.

1. This hearing has been done through hybrid mode.

2. The present application has been filed by the Appellant - Abdul Rashid Sheikh also known as Engineer Rashid under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, inter alia, seeking interim bail on the ground of the demise of the Appellant’s father.

3. The said application has been taken up by the Board upon being mentioned by ld. Counsel for the Appellant, due to urgency of the matter.

4. The instant appeal had been filed by the Appellant assailing the order dated 24th April, 2026 (hereinafter, ‘impugned order’) passed by the ld. Additional Sessions Judge – 03, Patiala House Courts, New Delhi District, Delhi in NIA Case No. 2/2018 arising out of RC No. 10/2017/NIA/DLI.

5. The Appellant is a Member of Parliament, who has been elected from the Baramulla constituency in Jammu and Kashmir in 2024. The Appellant is arrayed as Accused No. 18 in NIA Case No. 2/2018, titled, State v. Hafeez Mohd. Saeed & Ors. and the same is pending trial before the ld. Additional Sessions Judge – 03, Patiala House Courts, New Delhi District, Delhi.

6. The Appellant had initially moved for regular bail before the Trial Court which was rejected vide order dated 21st March, 2025. The said order is under challenge in this appeal.

7. During pendency of this appeal, the Appellant filed an application seeking interim bail before the Trial Court on the ground that his father is suffering from various ailments. However, vide order dated 24th April, 2026, the interim bail of the Appellant had been rejected by the Trial Court.

8. An appeal being CRL.A.419/2026 was then preferred by the Appellant seeking interim bail and challenging the order dated 24th April, 2026. The said appeal was heard on 28^th April, 20261 Order dated 25th March, 2025 in CRL. A 299/2025 titled ‘Abdul Rashid Sheikh v. NIA’ along with the present appeal. On the said date, the Appellant’s prayer seeking interim bail on the ground of his father’s illness was also considered by the Court. After hearing the parties, the Court had granted interim bail to the Appellant in the following terms:

“14. The Court has heard the ld. Senior Counsels on behalf of the parties. The Appellant is admittedly a Member of Parliament and he has also earlier been permitted to file his nomination, campaign and also attend Parliament Session on custody parole.

15. The latest Nominal Roll of the Appellant would show that the Appellant has been in custody for more than 6 years and 8 months except the 48 days when he was out on interim bail. The Appellant was also permitted to attend Parliament Sessions on custody parole.”

16. After going through the record and considering the facts in this particular case, the Court is of the opinion that this is a fit case for grant of interim bail for a period of one week from the date of release, subject to the following conditions.

i. The Appellant shall be released upon furnishing a personal bond for a sum of Rs.50,000/-, with a surety of the like amount, to the satisfaction of the Trial Court/Link Court;

ii. The Appellant during the period of one week shall always be accompanied by at least two police officials in plain clothes. The said police officials shall accompany him from the beginning of the journey from the concerned jail till the seventh day, when he returns from Srinagar. The Jail Superintendent is free to nominate the police officials who shall accompany the Appellant.

iii. The Appellant shall only be allowed to stay where his father is located, either at his residence or at the hospital