Supreme Court - Daily Orders
Oinam Moniton Singha vs National Investigation Agency on 6 April, 2015
Bench: J. Chelameswar, R.K. Agrawal
1
ITEM NO.205 COURT NO.6 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 1794/2013
(Arising out of impugned final judgment and order dated 09/10/2012
in CRLA No. 189/2011 passed by the High Court Of Gauhati)
OINAM MONITON SINGHA Petitioner(s)
VERSUS
NATIONAL INVESTIGATION AGENCY Respondent(s)
(with appln. (s) for bail and permission to file additional
documents)
(For Final Disposal)
Date : 06/04/2015 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE J. CHELAMESWAR
HON'BLE MR. JUSTICE R.K. AGRAWAL
For Petitioner(s) Mr. P.K. Goswami, Sr. Adv.
Mr. M.G. Singh, Adv.
Mr. Parthiv K. Goswami, Adv.
Mr. Vikash Singh,Adv.
For Respondent(s) Mr. K. Radhakrishnan, Sr. Adv.
Mr. P.K. Dey, Adv.
Ms. Binu Tamta, Adv.
Ms. Sadhna Sandhu, Adv.
Mr. S.N. Terdal, Adv.
Mr. B. Krishna Prasad,Adv.
Mr. B. V. Balaram Das,Adv.
UPON hearing the counsel the Court made the following
O R D E R
This is a petition seeking bail in connection Signature Not Verified Digitally signed by Deepak Mansukhani with Special NIA Case No. 1/2010 under the various Date: 2015.04.07 17:09:24 IST Reason: provisions of the Unlawful Activites (Prevention) Act, 1967, arising out of Noonmati Police Station case no. 159 of 2010. The application of the 2 petitioner herein for bail was rejected by the Special Court constituted under Section 11 of the National Investigating Agency Act, 2008. The grant or refusal of bail by the Special Court is appealable under Section 21(4) of the said Act. In view of refusal, the petitioner herein preferred an appeal to the High Court without any success. Hence this special leave petition.
The petitioner was arrested on 8.9.2010 and has been in detention continuously.
It appears from the record that the trial of the above-mentioned Special NIA Case No. 1/2010 is in progress. We have perused the material produced by the prosecution so far against the petitioner, at the trial of the case. We do not wish to make any comment on the said material as any comment at this stage will adversely affect the result of the case in some way or the other. Having examined the material and having regard to the fact that the petitioner has been in prison for almost four and half years, we deem it appropriate to release the petitioner on bail during the pendency of the trial subject to the following conditions:-
(i) that the petitioner shall not enter any one of the seven States of North-East during the pendency of the trial except for the purpose of 3 attending the trial of this case;
(ii) he must stay at Calcutta and he must notify his place of stay both to the Commissioner of Police, Calcutta City as well as the Investigating Officer in the Special NIA Case No. 1/2010 and intimate to both the above-mentioned Officers as and when he is required to attend the trial proceedings of the above-mentioned case. The National Investigating Agency will provide an appropriate escort for his journey from Calcutta to Guwahati and back.
(iii) the petitioner shall also report once in a week to the Deputy Commissioner of Police, Calcutta City within whose jurisdiction the petitioner will be residing during his period of stay at Calcutta.
Mr. P.K. Goswami, learned senior cousnel for the petitioner submitted that in view of the fact that the petitioner is detained while he was a student and has been in custody for the last four and a half years, he would not be having any means to stay at Calcutta. He, therefore, prayed that the State may be directed to make some payment for his sustenance in Calcutta. We find substance in the submission of the learned counsel for the petitioner.
4We, therefore, deem it appropriate to direct the National Investigating Agency to arrange for a reasonable place of stay at Calcutta for the petitioner to live and also to pay an amount of Rs. 6,000/- per month to the petitioner untill the disposal of the case. Needless to say that whenever the petitioner has to travel to Guwahati, the NIA will have to make necessary arrangements for the transport and other incidental expenses. In the event of any emergency where the petitioner is required to visit his family members, the petitioner will seek appropriate orders from the trial Court before such visit.
The special leave petition is disposed of accordingly.
(DEEPAK MANSUKHANI) (INDU BALA KAPUR) COURT MASTER COURT MASTER