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Showing contexts for: INTERIM BAIL APPLICATION in Mohd Hussain Molani vs National Investigation Agency on 23 October, 2020Matching Fragments
2. Learned counsel for the appellant had earlier preferred an Appeal before this Court bearing Crl. Appeal No. 341/2020, against the order dated 11th June, 2020 passed by the court of Sh. Parveen Singh, Learned ASJ (NIA), Patiala House Courts, New Delhi, whereby the first Interim Bail Application of the appellant was rejected. The aforesaid Appeal had come up for hearing on 29th June, 2020 before this Court and vide order of the even date, this Court gave liberty to the petitioner to file a bail application afresh before the Court of Learned ASJ (NIA), Patiala House Courts, New Delhi on the ground that some medical documents pertaining to the requirement of surgery of the appellant's wife were of a date subsequent to 11th June, 2020 when the first bail application was rejected by the learned Trial Court and in that view of the matter these were required to be considered by learned Trial Court. Subsequent to the aforesaid order dated 29th June, 2020 of this Court, the appellant moved a fresh interim bail application before the Learned Trial Court. However, after going through the reply and medical/verification reports filed by the respondent and after hearing the Learned Counsel for the appellant, the learned ASJ dismissed the application vide impugned order dated 06th July, 2020 on the ground that the surgery, the wife of the appellant is required to undergo is not a major one.
4. Learned Special Public Prosecutor for the NIA has opposed the appeal. It is submitted that that learned Trial Court has rightly dismissed the interim bail application of the appellant. There is no irregularity or illegality in the order dated 06th July, 2020. It is submitted that as per the directions of the Learned Trial Court, the Specialist of Gynae & Obst. at CGHS Maternity & Gynae Hospital, Tamil Sangam Marg, Sector- 5, Rama Krishna Puram, New Delhi, was contacted and Dr. L. Shyam Singh, Consultant (Gynae & Obst) has opined that wife of the appellant does not require any urgent surgery. She needs further investigation and supplementary treatment. It was further opined that in case bleeding PV of wife of accused is not controlled by medical treatment, minor procedure of D&C (Dilation & Curettage) can be done to check the bleeding PV in case of emergency. It is further submitted that in the absence of the appellant, father, mother two brothers and two sisters of the appellant are there to take care of his wife. It is lastly submitted that appellant is involved in a serious offence. He is a Dubai based Hawala operator and has transferred funds on various occasions to his maternal uncle Mohmmad Salim @ Mama and further directed him to transfer this hawala funds to Mohd. Salman and others in India as per the instructions of Dubai based Pakistani National, Mohammad Kamran, who in turn is connected with Shahid Mehmood, Dy. Chief of Falah-i-Insaniyat Foundation (FIF), Pakistan, which is a front NGO of terror group LeT and a proscribed terrorist organization under the UA(P) Act. It is the case of NIA that Md. Salman has been receiving funds from outside the country which are sent by FIF operative Mohd. Kamran and his associates through hawala operators. Mohd. Salman has connections with persons in various countries including Pakistan, UAE, Canada, Sweden, Croatia etc., which prima facie establishes that FIF is trying to attract group of sympathizers to its cause of creating unrest in India by collecting funds for terrorist activities in India. There is also possibility that if the accused is granted interim bail, he may flee from the territory of India with the help of the network base of terrorists and sleeper cells active in India and operating as per the instructions of the top leadership of Falah- i-lnsaniyat Foundation (FIF), a proscribed terrorist organization and a frontal organization of internationally designated and proscribed terrorist organizations Jamaat-ud-Dawah (JuD) and Lashkar-e-Taiba (LeT)., established by terrorist, Hafiz Saeed. It is submitted by the Learned Counsel for the respondent that the appellant/ accused has been arrested and charge-sheeted for serious offences of terror funding and there is every likelihood of his abusing the bail. He may abscond or influence witnesses which shall be prejudicial to the process of fair trial in this case. It is submitted that there is no infirmity in the order passed by the learned Special Judge (NIA) and the appeal be, therefore, dismissed in the interest of justice.