The Delhi High Court recently comprising of a bench of Justice Jasmeet Singh has asked the trial court to decide the bail plea moved by an accused, who has been in jail for more than nine years in a case registered under Unlawful Activities (Prevention) Act, within a period of 75 days. (Manzar Imam v. NIA & Anr.)
Facts of the case
The application was filed seeking bail in FIR registered U/s 17, 18, 18B, 20 UAPA & 121A & 123 IPC.
It was stated by Mr. Kartik Murukutla, learned counsel appearing for the applicant that the applicant has been in custody since 01.10.2013 and has spent more than 9 years incarceration. He further stated that charges have not been framed even till now and there are 369 witnesses.
Contention of the Parties
The learned special PP NIA Stated that in the present case, the applicant has not approached the Special Court, which is a remedy available to the applicant.
The learned counsel for the applicant stated that he wishes to withdraw the present bail application with liberty to approach the Court of Sessions on similar ground.
However, he stated that in the present case, the applicant has already undergone incarceration for 9 years and charges have not been framed yet and hence, a time frame may be indicated for disposing of the bail application.
Courts Observation and order
The bench taking note of the facts of the case and contention of the Parties remarked, "The request seems to be justified. For the aforesaid reasons, the bail application is dismissed as withdrawn with liberty to the applicant to approach the Special Court on the same grounds raised in the present bail application."
The bench disposing the application remarked, "The Special Court will hear and dispose of the bail application of the applicant within 75 days from the date of this order.
With these directions, the application is disposed of."
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