Case Note & Summary
The appellant, Riyazuddin Hisamuddin Kazi, was arrested in connection with NIA RC 01/2021/NIA/MUM for offences under Sections 120-B and 201 IPC, arising from the Antilia bomb scare and the murder of Mansukh Hiren. He was accused of destroying evidence at the behest of main accused Sachin Waze. The appellant filed a bail application under Section 21 of the NIA Act, which was rejected by the Special Court on 01.03.2022. He appealed to the Bombay High Court. The High Court held that the offences under Sections 120-B and 201 IPC are bailable, and therefore the appellant was entitled to bail as a matter of right. The court noted that the appellant was not charged with any non-bailable offence under the Unlawful Activities (Prevention) Act or other special laws. The court granted bail subject to conditions including a personal bond of Rs. 1,00,000 and two sureties, surrender of passport, and reporting to the NIA office periodically. The court also directed that the appellant not tamper with evidence or contact witnesses.
Headnote
A) Criminal Law - Bail - Bailable Offences - Sections 120-B and 201 Indian Penal Code, 1860 - Section 21 National Investigation Agency Act, 2008 - Appellant charged only with bailable offences of criminal conspiracy and destruction of evidence - Held that bail is a matter of right for bailable offences and the court must grant bail subject to conditions - Appellant granted bail on furnishing bond and sureties (Paras 1-44).
Issue of Consideration
Whether the appellant, charged only with bailable offences under Sections 120-B and 201 IPC, is entitled to bail under the NIA Act, 2008.
Final Decision
Appeal allowed. The impugned order dated 01.03.2022 is set aside. Appellant is directed to be released on bail on furnishing a personal bond of Rs. 1,00,000 with two sureties, subject to conditions including surrender of passport, reporting to NIA office every Monday, and not tampering with evidence.
Law Points
- Bailable offences
- Section 21 NIA Act
- Section 120-B IPC
- Section 201 IPC
- Bail conditions
- Destruction of evidence
- Conspiracy
Case Details
2022 LawText (BOM) (12) 77
Criminal Appeal No. 357 of 2022
Revati Mohite Dere, R. N. Laddha
Dr. Yug Mohit Chaudhary, Mr. Hassnain Kazi, Ms. Shraddha Vavhal, Mr. Zeeshan Khan for appellant; Mr. Anil C. Singh, Mr. Sandesh Dadasaheb Patil, Mr. Aditya Thakkar, Mr. Chintan Shah, Ms. Savita Ganoo for Respondent No.1-NIA; Mr. J. P. Yagnik for Respondent No.2-State
Riyazuddin Hisamuddin Kazi
National Investigating Agency, The State of Maharashtra
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Nature of Litigation
Criminal appeal against rejection of bail application under Section 21 of the NIA Act.
Remedy Sought
Enlargement on bail in connection with NIA RC 01/2021/NIA/MUM.
Filing Reason
Appellant was arrested for alleged offences under Sections 120-B and 201 IPC related to destruction of evidence in the Antilia bomb scare and Mansukh Hiren murder case.
Previous Decisions
Special Court (NIA), Greater Mumbai rejected bail application on 01.03.2022.
Issues
Whether the appellant is entitled to bail when charged only with bailable offences under IPC.
Whether the bar under Section 21 of the NIA Act applies to bailable offences.
Submissions/Arguments
Appellant argued that offences under Sections 120-B and 201 IPC are bailable, and he is entitled to bail as a matter of right.
NIA opposed bail citing gravity of the case and possibility of tampering with evidence.
Ratio Decidendi
Offences under Sections 120-B and 201 IPC are bailable, and therefore the appellant is entitled to bail as a matter of right under the NIA Act, subject to conditions to ensure his presence and prevent tampering of evidence.
Judgment Excerpts
By this appeal, preferred under Section 21 of the National Investigation Agency Act, 2008 (`the NIA Act'), the appellant (A-4) has impugned the order dated 01.03.2022 passed by the Special Court (NIA), Greater Mumbai, rejecting his application for bail...
Dr. Yug Chaudhary, learned counsel for the appellant submits that the appellant has been charge-sheeted only for the offences punishable under Sections 120-B and 201 of the IPC, both of which, are bailable offences.
Procedural History
Appellant was arrested in NIA RC 01/2021/NIA/MUM. Bail application rejected by Special Court (NIA) on 01.03.2022. Present appeal filed under Section 21 of NIA Act. Listed before this Bench per order dated 21.09.2022. Reserved on 02.12.2022, pronounced on 23.12.2022.
Acts & Sections
- National Investigation Agency Act, 2008: 21
- Indian Penal Code, 1860: 120-B, 201
