Gauhati High Court
Mrs Landhoni Devi vs Nia on 1 September, 2016
Author: N Chaudhury
Bench: N Chaudhury
I.A.(Crl.) No.116 of 2016
in Crl. Appeal No.165 of 2016
BEFORE
HON'BLE THE CHIEF JUSTICE MR. AJIT SINGH
HON'BLE MR. JUSTICE N CHAUDHURY
01.09.2016
(Ajit Singh, C.J.)
Mr. DK Mishra, learned senior counsel, assisted by Mr.
MG Singh, Ms. S Jahan, Mr. MK Dutta & Ms. D Saikia,
learned counsel for the applicant/appellant. Mr. DK Das,
learned Standing Counsel for National Investigation
Agency assisted by Mr. J Hassan, Ms. GD Choudhury and
Ms. AR Marak, learned counsel, appearing for the
respondent.
Heard on I.A. (Crl.) No.116 of 2016, which is an application for grant of bail and suspension of sentence on behalf of applicant Mrs. Landhoni Devi .
The applicant along with co-accused persons was prosecuted for offences under Sections 120B/121/121(A) and 122 of the Indian Penal Code and under Sections 16,17,18, 18A, 18B, 20 and 21 of the Unlawful Activities (Prevention) Act, 1967 (in short "UA(P) Act, 1967").
The Special Judge has convicted the applicant under Section 20 of the UA(P) Act, 1967 and sentenced to rigorous imprisonment for 7 years and fine of Rs.10,000/- with default stipulation. The Special Judge has acquitted the applicant of the remaining charges.
According to the prosecution case, the applicant is a member of terrorist organization - United National Liberation Front (UNLF) notified in the First Schedule of UA(P)Act, 1967. The applicant was on bail during the trial pursuant to judgment of this High Court in M. Londhoni Devi vs. National Investigation Agency, 2011(3) GLT 805. Also the Special Judge in paragraphs Page 1 of 2 84 and 86 of the impugned judgment has held that there was no circumstance on record to show that any specific terrorist activity was committed by the applicant on the direction of the leadership of the UNLF. There is also absolutely no evidence on record to suggest that the applicant is involved in any terrorist activity. The main evidence against the applicant seems to be some emails sent inter-se between the co-accused persons A-1, A-18 and A-19 wherein her name has figured. Even in these emails, there is no mention of any terrorist activity. Otherwise also the contents of emails have not been proved.
We, therefore, having regard to the fact that applicant is a woman and there is no evidence to show that she has been involved with any terrorist activity and also considering the fact that she was on bail during the trial and did not misuse her liberty, deem it proper to direct that if she furnishes a personal bond of Rs.50,000/- with two solvent sureties of the like amount to the satisfaction of the Special Judge, NIA, Assam, Guwahati, the execution of jail sentence passed against her shall remain suspended and she shall be released on bail. She shall now appear before the Special Judge, NIA, Assam, Guwahati on 1.12.2016 or on such dates, as may be directed by that court. The applicant will not make contact with any member of the UNLF during pendency of the appeal. The applicant will not leave Imphal where she resides without the prior permission of the High Court.
The application is allowed.
JUDGE CHIEF JUSTICE
skd
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