N. Shanti Meiti @ Chinglemba ... vs The National Investigation ...
2021 Latest Caselaw 2970 Gua

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GAHC010074252021




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : I.A.(Crl.)/236/2021

            N. SHANTI MEITI @ CHINGLEMBA MANGANG @ TAKHELCHANGBAM
            HEMANTA SINGH
            S/O. LATE DANABIR SINGH, R/O. VILL. WAHENG LEIKAI, P.S. AND DIST.
            IMPHAL WEST MANIPUR, PIN- 795001



            VERSUS

            THE NATIONAL INVESTIGATION AGENCY (N.I.A.)
            REP. BY SC, NIA



Advocate for the Petitioner   : MR D K MISHRA

Advocate for the Respondent : SC, NIA




                                    BEFORE
                       HONOURABLE MR. JUSTICE SUMAN SHYAM
                         HONOURABLE MR. JUSTICE K. SEMA

                                           ORDER

18.11.2021 (Suman Shyam, J)

Heard Mr. D. K. Mishra, learned senior counsel assisted by Mr. B. Prasad,

learned counsel appearing for the applicant. We have also heard Mr. L.

Satyanarayan, learned Standing Counsel, NIA, appearing for the respondent.

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By filing this application, the applicant has approached this Court for the

3rd time seeking his release on bail during the pendency of the connected

appeal against conviction.

Mr. Mishra, learned senior counsel, submits that the grounds urged on the

earlier occasions are distinct and different from what has been projected in the

present I.A. and therefore, for ends of justice, the bail prayer calls for a fresh

consideration by this Court. The said submission has, however, been strongly

opposed by Mr. L. Satyanarayan by submitting that these are repeated bail

applications filed by the applicant on the same ground and therefore, the

same deserves to be dismissed by this Court.

After hearing the submissions of learned counsel for both sides and on

going through the materials on record, we are of the considered opinion that

the proper course of action to be followed in this matter would be to grant an

expeditious hearing of the pending appeal against conviction. This is more so

because we find that the punishment awarded to the applicant in this case is

10 years of rigorous imprisonment and he has already served more than four

years three months in prison.

In view of the above and considering the urgency expressed in the

matter, we direct the Registry to expedite preparation of Paper Book in the

connected appeal which would also cover the other related appeals preferred

against the same judgment.

Let these matters be listed for orders as soon as the Paper Book is

prepared or in the 1st week of January, 2022 whichever is earlier, for necessary

orders with appropriate office note. Subject to preparation of Paper Book on or Page No.# 3/3

before the next date fixed, this Court would consider granting an early date of

hearing in the appeals.

With the above observation, this I.A. stands disposed of.

                                          JUDGE                                   JUDGE


Comparing Assistant