TaxTMI 
TaxTMI 
2021 (7) TMI 1302
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....e appellant is arraigned for the offences punishable under sections 121, 121(A), 124(A), 153(A), 505(1)(B) and 117 read with sections 34 and 120B of the Indian Penal Code, 1860 ('the Penal Code') and sections 13, 16, 18, 18B, 20, 38, 39 and 40 of the Unlawful Activities (Prevention) Act, 2008 ('UAPA'). (b) The appellant was arrested 6th June 2018. Bail application preferred by the appellant came to be rejected on 6th November 2018. (c) On 17th August 2020, the appellant preferred an application for temporary bail with the assertion that his mother passed away on 15th August 2020 and he wished to join his other family members in performing the last rites/rituals of his mother. (d) The respondent-NIA resisted the application by filing reply on 28th August 2020. (e) By the impugned order, the learned Special Judge was persuaded to reject the application for temporary bail holding, inter-alia, that as the regular bail application of the appellant has already been rejected, the prayer for temporary bail also deserved to be negatived as the considerations for grant of temporary bail and regular bail are one and the same. It was further observed that in....
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....oresaid facts and pleadings, we have heard Ms. Indira Jaising, the learned Senior Advocate for the appellant and Mr. Sandesh Patil, the learned counsel for NIA. 7. Ms. Indira Jaising strenuously urged that the NIA Court approached the prayer of the appellant for release on temporary bail from a completely incorrect perspective. The learned Special Judge, according to Ms.Jaising, committed a manifest error in importing the considerations which weigh in granting the bail on merits, to an application for grant of bail to participate in the funeral and last rites of the mother of the appellant. This incorrect approach vitiated the determination. Ms.Jaising further urged that, indisputably, the application of the appellant to release him on temporary bail could not be considered expeditiously and, thus, the passage of time could not have been held against the appellant. Since the appellant has explained on an affidavit, the onerous circumstances which prevented the family from performing the last rites and rituals of the deceased mother, the prayer of the appellant to release him on temporary bail to participate in the rituals proposed to be held on the first death anniversary of his....
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....r untenable. 12. The submissions on behalf of NIA that the NIA Court's order is justifiable in the backdrop of the facts and circumstances then presented before the Court and the ground which is now sought to be urged before this Court was not at all pressed for the consideration of the NIA Court, again appears alluring. However, we cannot loose sight of the fact that what weighed with the NIA Court is that the appellant's regular bail application was rejected and the interdict contained in section 43D of the UAPA operated with full vigor. From the perusal of the impugned order, it does not appear that the NIA Court approached the issue from the perspective of humanitarian consideration. In our view, the NIA Court misdirected itself in importing the considerations which bear upon grant of regular bail to a prayer for release on humanitarian ground. Reliance placed on behalf of the respondent-NIA on the judgment in the case of National Investigation Agency Vs. Zahoor Ahmad Shah Watali [(2019) 5 SCC 1], which governs the grant of a regular bail, therefore, does not seem well founded in the context of the consideration of the prayer for temporary bail to participate in the last rit....
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....is deceased mother, on furnishing a PR bond in the sum of Rs. 50,000/-, with one or two sureties in the like amount, to the satisfaction of the learned Special Judge, NIA Court, subject to the following conditions : (a) The appellant shall furnish to the S.P., NIA, Mumbai, and the In-charge Police Inspector of the jurisdictional police station, within the limits of which the appellant will stay at Nagpur, the details of his travel from Mumbai to Nagpur, upon being released from Taloja Central Prison, along with the address at which the appellant would stay at Nagpur and the contact number on which he will be available during the said period, and the details of return journey. (b) The appellant shall intimate the jurisdictional police station the date and time of his arrival at Nagpur immediately after reaching Nagpur. (c) The appellant shall mark his presence at the jurisdictional police station on 16th August 2021 and 19th August 2021 at 10:00 a.m. (d) The appellant shall not leave the limits of Nagpur except the proposed visit to Bina River to immerse the ashes of the appellant's mother on 18th August 2021. (e) The appellant shall not ....