ORAL ORDER

(PER : HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI)

1. The present appeal has been filed by the appellant - original accused No.1 under Section 21(4) of National Investigation Agency Act, 2008 (NIA Act) read with Section 439 of the Code of Criminal Procedure, 1973 (Cr.PC) with a prayer that the appellant be enlarged on Regular Bail in connection with an F.I.R initially registered vide I-C.R. No. 20/2019 with DCB Police Station, Surat and subsequently re-registered vide RC No. 25/2019/NIA/DLI with the National Investigation Agency, for alleged offences punishable under Sections 489A, 489B, 489C, 489D, 120B and 34 of the Indian Penal Code (IPC).

2. Heard Mr. Dhruvin Dossani, learned advocate appearing for the appellant, Mr. Kshitij Amin, learned Central Government Standing Counsel for respondent No.2 and Mr. L.B. Dabhi, learned APP appearing for respondent No.1- State.

3. Learned advocate for the appellant submitted that the FIR being C.R. No. I-20/2019 came to be initially registered with DCB Police Station, Surat City on 24.11.2019 under the aforesaid provisions of the IPC. Thereafter, the said case was re-registered with National Investigation Agency as RC No. 25/2019 /NIA/ DLI. It is submitted that as per the allegations levelled in the FIR, on an information that was received by PSI, DCB Police Station, the Car of the appellant was intercepted at Sarthan-Kamrej Road and during the personal search, a bundle of 203 Fake Indian Currency Notes of 2000 denomination of face value of Rs.4,06,000/- as well as one Mobile Phone was recovered. However, on being asked about the said Notes, it is alleged that the appellant revealed names of 5 more persons, who are joined as co- accused in the said FIR. It is alleged that the appellant has committed in connivance with the co-accused, offence punishable under Section 489A, 489B, 489C, 489D read with Sections 120B and 34 of the IPC.

4. Learned advocate for the appellant thereafter submitted that after the investigation, the Investigating Agency filed a charge-sheet against the appellant as well as other co-accused on 20.2.2020. The appellant thereafter filed Criminal Misc. Application No. 44 of 2020 before the concerned Special Court with a prayer that he may be released on Regular Bail in connection with alleged offences. However, the concerned Special Court rejected the said Application vide order dated 3.12.2020. At this stage, it is also submitted that thereafter, the appellant filed Criminal Appeal No. 141 of 2021 before this Court. However, the appellant withdrew the said appeal on 1.2.2021. A copy of the said order is placed at Page-81 of the compilation.

5. At this stage, learned advocate for the appellant pointed out from the record that once again the appellant filed Criminal Misc. Application No. 22 of 2021 before the concerned Special Court with a similar prayer. However, the said application was dismissed on 9.8.2021.

6. Learned advocate further submits that thereafter the trial commenced and prosecution has examined 4 witnesses out of total witnesses of 130. It is further submitted that now the appellant once again filed NIA Criminal Misc. Application No. 63 of 2022 before the Special Court. However, vide impugned order dated 23.8.2022, the Special Judge NIA rejected the said application. Against the said order, now the appellant has preferred the present Appeal.

7. Learned advocate Mr. Dossani assailed the impugned order passed by the Special Court mainly on the ground that though the Appellant filed application before the Special Court on the ground of change of circumstances, the concerned Court has not properly considered the said aspect. It is contended that the prosecution has examined only 4 witnesses out of the 130 witnesses and the trial is likely to take long time and, therefore, when the appellant is in jail since last 3 years, the appellant is required to be enlarged on regular bail.

8. Learned advocate for the appellant would further submit that from the papers