Case Note & Summary
The appellant, Mohammed Fayaaz Shikilkar, was arrested in connection with R.C. No.01/2023/NIA/Mum arising out of Special Case No.329 of 2023, registered by the NIA, Mumbai. The prosecution case began on 17th November 2021, when Naupada Police Station, Thane, acting on secret information, apprehended Riyaz Abdul Rahiman Shikilkar (A-1) and recovered 149 high-quality counterfeit currency notes. During investigation, the appellant (A-3) was implicated for allegedly being part of a conspiracy to extort money from a builder named Jitendra Jain by threatening to implicate him in a fake rape case. The appellant was accused of receiving extorted money and possessing a mobile phone containing objectionable content. The Special Court rejected his bail application on 3rd February 2024, leading to the present appeal under Section 21(4) of the NIA Act. The legal issues centered on whether the appellant had made out a case for bail despite the stringent provisions of the UAPA and NIA Act. The appellant argued that he was falsely implicated and that the alleged offences did not constitute a terrorist act under Section 15 of the UAPA. The respondents, State of Maharashtra and NIA, opposed bail, citing the seriousness of the offences and the bar under Section 43D(5) of the UAPA. The court analyzed the material on record and found that the prosecution had not established a prima facie case of a terrorist act. The court noted that the alleged conspiracy was for extortion, not for a terrorist act, and the appellant's role was limited to receiving money and possessing a mobile phone. The court held that the bar under Section 43D(5) did not apply as there was no prima facie case. Consequently, the court allowed the appeal, set aside the Special Court's order, and granted bail to the appellant on conditions, including furnishing a personal bond of Rs. 50,000 with one surety, surrendering his passport, and reporting to the NIA office periodically.
Headnote
A) Criminal Law - Bail - National Investigation Agency Act, 2002, Section 21(4) - Unlawful Activities (Prevention) Act, 1967, Section 15, Section 43D(5) - Indian Penal Code, 1860, Sections 120B, 384, 386, 506 - The appellant, accused of conspiracy to extort money and terrorist activities, sought bail after the Special Court rejected his application. The High Court held that the prosecution failed to establish a prima facie case of a terrorist act under Section 15 UAPA, as the alleged acts of extortion and threats did not meet the threshold of a terrorist act. The court noted that the appellant's role was limited to receiving extorted money and possessing a mobile phone with objectionable content, which did not constitute a terrorist act. Bail was granted on conditions. (Paras 1-10) B) Criminal Law - Bail - Unlawful Activities (Prevention) Act, 1967, Section 43D(5) - The bar under Section 43D(5) UAPA applies only if the court finds a prima facie case against the accused. In the absence of such a finding, the bar does not operate. The court found no prima facie evidence of the appellant's involvement in a terrorist conspiracy or act. (Paras 5-8) C) Criminal Law - Bail - National Investigation Agency Act, 2002, Section 21(4) - The provision allows bail if the court is satisfied that there are reasonable grounds for believing that the accused is not guilty of the offence and is not likely to commit any offence while on bail. The court, after examining the material, found that the appellant satisfied this condition. (Paras 1, 9-10)
Issue of Consideration
Whether the appellant is entitled to bail under Section 21(4) of the NIA Act when the Special Court rejected bail on the ground of prima facie involvement in a terrorist act and conspiracy under UAPA and IPC.
Final Decision
Appeal allowed. The order dated 3rd February 2024 passed by the Special Court rejecting bail is set aside. The appellant is directed to be released on bail on furnishing a personal bond of Rs. 50,000 with one surety, subject to conditions including surrendering passport and reporting to NIA office on every Monday between 10 a.m. and 12 p.m.
Law Points
- Bail under NIA Act
- Prima facie case
- Terrorist act
- Conspiracy
- Section 15 UAPA
- Section 21(4) NIA Act
- Section 43D(5) UAPA
- Section 120B IPC
- Section 384 IPC
- Section 386 IPC
- Section 506 IPC
