Case Note & Summary
The appellant, Imran Ahmed, was arrested in connection with Spl.C.C.No.141/2021 for offences under Sections 16, 18, 20 of the Unlawful Activities (Prevention) Act, 1967 (UAPA), read with Sections 120-B, 143, 145, 147, 188, 353, 427 read with 34 and 149 of the Indian Penal Code, 1860 (IPC), and Section 2 of the Prevention of Damage to Public Property Act, 1981 (PDPP Act). He was arrayed as accused No.22. His regular bail petition under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) was rejected by the learned XIX Addl. City Civil & Sessions Judge (Special Court for NIA cases) at Bangalore on 19.11.2022. Aggrieved, he filed the present appeal under Section 21(4) of the National Investigation Agency Act, 2008 (NIA Act). The appellant contended that he was innocent and had been falsely implicated, that there was no prima facie evidence against him, and that he had been in custody for a long period without trial. The respondent-NIA opposed the appeal, arguing that the allegations were serious and that the bar under Section 43D(5) of UAPA applied. The High Court, after hearing both sides, observed that the trial had not commenced and that the prosecution had cited a large number of witnesses, indicating that the trial would take considerable time. The court noted that the appellant had no criminal antecedents and was not a flight risk. The court held that the bar under Section 43D(5) of UAPA is not absolute and can be relaxed in cases of prolonged incarceration and delay in trial, especially when the right to speedy trial under Article 21 of the Constitution is infringed. The court set aside the impugned order and granted bail to the appellant on certain conditions, including furnishing a personal bond and surety, surrendering his passport, and reporting to the investigating officer periodically.
Headnote
A) Criminal Law - Bail - Unlawful Activities (Prevention) Act, 1967 - Section 43D(5) - Bar on bail - The court considered the twin conditions under Section 43D(5) of UAPA, which mandates that bail shall not be granted if the court, on a perusal of the case diary or the report, is of the opinion that there are reasonable grounds for believing that the accusation against such person is prima facie true. The court held that the bar is not absolute and can be relaxed in cases of prolonged incarceration and delay in trial, especially when the accused is not a flight risk and has no criminal antecedents. (Paras 5-10) B) Criminal Law - Bail - Right to Speedy Trial - Article 21 of Constitution of India - Delay in trial - The court emphasized that the right to speedy trial is a fundamental right under Article 21 and that continued incarceration without trial for an unreasonable period violates this right. The court noted that the trial had not commenced despite the appellant being in custody for over two years, and the prosecution had cited a large number of witnesses, indicating that the trial would take considerable time. (Paras 11-15) C) Criminal Law - Bail - National Investigation Agency Act, 2008 - Section 21(4) - Appeal against rejection of bail - The court, exercising appellate jurisdiction under Section 21(4) of the NIA Act, set aside the impugned order and granted bail to the appellant, subject to conditions, holding that the trial court had erred in rejecting bail without considering the delay in trial and the lack of prima facie evidence of the appellant's involvement in terrorist activities. (Paras 16-20)
Issue of Consideration
Whether the appellant is entitled to regular bail under Section 439 CrPC read with Section 43D(5) of the Unlawful Activities (Prevention) Act, 1967, despite the bar under Section 43D(5) of UAPA, given the delay in trial and the nature of allegations.
Final Decision
The appeal is allowed. The impugned order dated 19.11.2022 passed by the learned XIX Addl. City Civil & Sessions Judge (Special Court for NIA cases) at Bangalore in Spl.C.C.No.141/2021 is set aside. The appellant is ordered to be released on bail on his executing a personal bond for a sum of Rs.2,00,000/- with two sureties for the likesum to the satisfaction of the trial court, subject to conditions including surrendering his passport, reporting to the investigating officer once a month, and not tampering with evidence.
Law Points
- Bail under Section 439 CrPC
- Section 43D(5) of UAPA
- twin conditions for bail under UAPA
- right to speedy trial
- delay in trial as ground for bail
