Supreme Court - Daily Orders
National Investigation Agency vs Mohammad Irfan Gaus on 2 December, 2019
Bench: R. Banumathi, A.S. Bopanna
1
ITEM NO.17 COURT NO.5 SECTION II-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 40063/2019
(Arising out of impugned final judgment and order dated 09-07-2019
in CRLA No. 880/2018 passed by the High Court Of Judicature At
Bombay)
NATIONAL INVESTIGATION AGENCY Petitioner(s)
VERSUS
MOHAMMAD IRFAN GAUS & ANR. Respondent(s)
(FOR ADMISSION and I.R. and IA No.179322/2019-CONDONATION OF DELAY
IN FILING and IA No.179323/2019-EXEMPTION FROM FILING C/C OF THE
IMPUGNED JUDGMENT and IA No.179324/2019-EXEMPTION FROM FILING O.T.)
Date : 02-12-2019 This petition was called on for hearing today.
CORAM :
HON'BLE MRS. JUSTICE R. BANUMATHI
HON'BLE MR. JUSTICE A.S. BOPANNA
For Petitioner(s) Mr. Tushar Mehta,SG
Mr. Kanu Agrawal,Adv.
Ms. Swati Ghildiyal,Adv.
Mr. Balaji Srinivasan,Adv.
Mr. B. V. Balaram Das, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Delay condoned.
We have heard Mr. Tushar Mehta, learned Solicitor General appearing for the petitioner-National Investigation Agency, who has submitted that respondent no.1- Mohammed Irfan Gaus (Accused-4) along with others is facing the charges for the offences punishable under Signature Not Verified Sections 18, 20 and 38 of the Unlawful Activities (Prevention) Act, under Section 201 I.P.C. and under Sections 3, 25 Digitally signed by MAHABIR SINGH Date: 2019.12.02 16:49:20 IST Reason: and 27 of the Indian Arms Act. Learned Solicitor General has submitted that at the time when the impugned order was passed granting bail to respondent no.1, about 65 witnesses were already 2 examined and the trial was almost at the verge of completion and as on date almost 72 witnesses have been examined and only two official witnesses from forensic science department and other official witnesses are to examined. Learned Solicitor General has also submitted that when the trial is almost at the verge of completion and if the respondent no.1 is allowed to be at large it would be difficult to secure his presence at the time of judgment and it may be an obstacle for completion of the case. Learned Solicitor General has further submitted that considering the seriousness of the allegations against respondent no.1, if he is allowed to be at large there is likelihood of recurrence of commission of offence which might affect the security of the nation.
Having regard to the submissions made at the Bar, issue notice.
Dasti, in addition, is also permitted.
Considering the fact that the trial of the case is almost at the verge of completion and the facts and circumstances of the case, there shall be stay of the impugned order until further orders from this Court.
In view of an interim stay granted by this Court, the petitioner-National Investigation Agency is at liberty to re-arrest the first respondent-Mohammed Irfan Gaus (Accused-4) and take him to custody.
List the matter after three weeks.
(MAHABIR SINGH) (BEENA JOLLY) COURT MASTER BRANCH OFFICER