Mohammad Sinan vs The Union Of India Through National ...
2025 Latest Caselaw 3283 Patna

Patna High Court

Mohammad Sinan vs The Union Of India Through National ... on 18 April, 2025

Author: Rajeev Ranjan Prasad

Bench: Rajeev Ranjan Prasad

    IN THE HIGH COURT OF JUDICATURE AT PATNA
                CRIMINAL APPEAL (DB) No.514 of 2024
         Arising Out of PS. Case No.-31 Year-2022 Thana- NIA District- Patna
======================================================
Mohammad Sinan, Son of Harmad, Resident of R/a No.- 1-39 Nandawara
Main Road, Sajipa Munnuru village, Panemmangalore Bantwal Taluk, Dist.-
Dakshin Kannada, Karnataka.
                                                            ... ... Appellant
                                  Versus
The Union of India through National Investigation Agency
                                                         ... ... Respondent
======================================================
                                   with
               CRIMINAL APPEAL (DB) No. 535 of 2024
         Arising Out of PS. Case No.-31 Year-2022 Thana- NIA District- Patna
======================================================
Iqbal @ Iqbal Abdul Khader, Son of Abdul Khadar, Resident of - R/a No. -1-
141/2, Iqbal Noor villa, Near Govt. School, Sajipa Munnuru Village,
Panemangalore, Path Bantwala Taluka, Dist.- South Kannada, Karnataka
                                                            ... ... Appellant
                                  Versus
The Union of India through National Investigation Agency
                                                         ... ... Respondent
======================================================
Appearance :
(In CRIMINAL APPEAL (DB) No. 514 of 2024)
For the Appellant/s  :    Mr. Kundan Kumar Ojha, Advocate
For the Respondent/s :    Mr. Krishna Nandan Singh (A.S.G)
                          Mr. Manoj Kumar Singh, Spl.PP
                          Mr. Ankit Kumar Singh (JC)
                          Mr. Pramod Kumar (PP, NIA)
(In CRIMINAL APPEAL (DB) No. 535 of 2024)
For the Appellant/s  :    Mr. Kundan Kumar Ojha, Advocate
For the Respondent/s :    Dr. Krishna Nandan Singh (A.S.G)
                          Mr. Manoj Kumar Singh, Spl.PP
                          Mr. Ankit Kumar Singh (JC)
                          Mr. Pramod Kumar (PP, NIA)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
        and
        HONOURABLE MR. JUSTICE S. B. PD. SINGH
CAV JUDGMENT

(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

Date : 18-04-2025

Heard learned counsel for the appellants and learned

counsel for the National Investigating Agency (in short 'NIA'). Patna High Court CR. APP (DB) No.514 of 2024 dt.18-04-2025

2. These two appeals are arising out of the common

order dated 07.03.2024 (hereinafter called 'the impugned order')

passed by learned Special Judge, NIA, Patna, Bihar (hereinafter

called the 'learned trial court') in Special Case No. 07 of

2022/R.C. No. 31 of 2022.

3. By the impugned order, the learned trial court has

been pleased to reject the prayer for bail of the appellants during

the ongoing trial. Both the appellants are aggrieved by and

dissatisfied with the order of the learned trial court.

4. In order to appreciate the matter, it would be

necessary to take note of the prosecution case.

Prosecution Case

5. The prosecution case is based on a self-written report

dated 12.07.2022 of Akrar Ahmed Khan, the Inspector of Police-

cum-Officer-in-Charge of Phulwarisharif Police Station, Patna. In

the written report, the informant alleged that on 11.07.2022, at

about 7:30 PM, he got an information that some miscreants are

planning to do some occurrence during the proposed Patna visit of

the Prime Minister of India, they are doing training for a fortnight

for this purpose. On this information, the Officer-in-Charge of

Phulwarisharif Police Station brought it to the notice of the senior

officers. The senior officers constituted a team of police officers Patna High Court CR. APP (DB) No.514 of 2024 dt.18-04-2025

and with the said team, the Officer-in-Charge/informant reached

'Ahmed Palace' situated in Naya Tola Nahar under Phulwarisharif

Police Station. On reaching there and in course of verification, it

came to his notice that some unknown persons are holding meeting

on the second floor of the 'Ahmed Palace' during last two months

and visit of unknown persons are frequent there. The informant

came to know that during 6th-7th July also, a meeting had taken

place in which some doubtful people had come.

6. It is alleged that as the informant was conducting the

verification, in the meantime, Md. Jalaluddin (A-2) and Athar

Parvez (A-1), who are the owner of 'Ahmed Palace', came there.

In their presence, in presence of two independent witnesses, when

the second floor of 'Ahmed Palace' was searched, in course of

search from a room, he found a literature, namely, 'India 2047

towards Rule of Islamic India, Internal Document not for

circulation' which was in seven pages and there were five copies

of the same. In search, thirty pamphlets written in Urdu and twenty

five pamphlets written in Hindi of Popular Front of India, 20

February 2021, forty nine flags made of clothes, red, green and

white bearing blue colour star on the flag, booklets printed in Urdu

were found. The search team also found thirty chairs placed in the

big hall and on a table, photocopy of lease deed on a non-judicial Patna High Court CR. APP (DB) No.514 of 2024 dt.18-04-2025

stamp paper, showing the name of house owner of Farhat Bano,

wife of Jalaluddin and the name of lessee as Athar Parvez, son of

Abdul Qayum Ansari was found. The house owner informed that

the second floor of the building was taken by Athar Parvez for

purpose of giving training and training was provided on 6 th-7th

July 2022 in which people from other states had come and several

doubtful person had also received training there. Athar Parvez,

however, denied but when the police enquired from him in

presence of Jalaluddin and local people, he told them that he was

an active member of SIMI organization and after the SIMI

organization was banned and the members of the same were in jail,

he was providing them legal help. He informed that at present he

was District General Secretary of SDPI party. He disclosed that the

parcha, flags and the booklets are of Popular Front of India (in

short 'PFI'). At the instance of the PFI, he is adding the former

members of SIMI with this party and is establishing a secret

organization. He disclosed that the main object of the organization

is to take revenge against the atrocities upon Muslims and

whosoever makes comment or abuses Islam religion, he is targeted

and attacked. Recently, Nupur Sharma had said wrong against the

religion, against her steps are being taken to take the revenge. For

this reason, revenge had been taken in Amravati in Maharashtra Patna High Court CR. APP (DB) No.514 of 2024 dt.18-04-2025

and Udaipur in Rajasthan. He further disclosed that in this

planning, other persons are also actively participating with him.

He named twenty five other persons who were members of the PFI

in different areas and were conducting the activities of the PFI. He

disclosed that there are other people whom he identifies by face

and all of them could come and get training here and they are

motivated to raise their voice and unleash war against a particular

community of the local society.

The Officer-in-Charge conducted a raid in the house of Athar

Parvez in Mohalla, Gulistan from where a bag containing red,

green and white colour flags inscribed with a blue colour star on

the flag and copy of the lease deed were found. From the bag, the

documents known as India 2047 towards rule of Islamic India,

Internal document not for circulation and other documents were

also found. The contents of the documents India 2047 towards

Rule of Islamic India has been mentioned in the FIR which is

being reproduced as under:

"... Popular Front of India (PFI) is confident that even if 10% of total Muslim population rally behind it, PFI would subjugate the coward majority community to their knees and being back the glory of Islam in India. External Help In the scenario of full-fledged show down with the State, apart from relying on ours trained PE cadres, we would need held from friendly Islamic countries. In the last few Patna High Court CR. APP (DB) No.514 of 2024 dt.18-04-2025

years, PFI has developed friendly relationship with Turkey, a flag-bearer of Islam. Efforts are on to cultivate reliable friendship in some other Islamic countries"

7. On the basis of the written information furnished by

the Officer-in-Charge of the Police Station, Phulwarisharif P.S.

Case No. 827 of 2022 was registered under Sections

120/120(B)/121/121(A)/153/153(B)/34 IPC.

8. During investigation, the NIA filed a second

supplementary charge-sheet in which the appellant Md. Sinan (A-

31) and appellant Iqbal Abdul Khader (A-33) were chargesheeted.

The role of these two appellants have been mentioned in

paragraph '11.1' and '11.3' of the second supplementary charge-

sheet. Both of them have been found to be members of the

Popular Front of India (PFI) and they were instrumental in illegal

channelizing of funds from abroad to the PFI members in India. It

is stated that A-31 used to provide online services for air, train

ticket booking and insurance. The examination report and

extracted data received from CERT-IN revealed that the syndicate

of the above-mentioned accused persons were channelizing the

funds from UAE/ Saudi Arabia and depositing the same in the

bank accounts of different entities including accused persons of

East Champaran (Motihari) module of the PFI.

Patna High Court CR. APP (DB) No.514 of 2024 dt.18-04-2025

9. Suspicious transactions in form of cash deposits

were made from A-31 and Abdul Rafiq M. (A-34) from the

Canara Bank Panemangalore Bantwal and Vitala branches of

Dakshina Kannada district of Karnataka in the Canara Bank

account number 6342101000497 of Md. Sajjad Alam. The cash

amounts less than Rs. 50,000/- were deposited in multiple

transactions to avoid generation of Suspicious Transaction Report

(STR) and escape scrutiny of Law Enforcement agencies.

10. Searches were conducted at seven locations in

Kasaragod, district of Kerala and Dakshina Kannada, district of

Karnataka including in the house and shop of the appellant (A-31)

on 05.03.2023 wherein huge incriminating evidences were

recovered and seized pertaining to illegal transactions. Both the

appellants were arrested on 06.03.2023. Custodial examination of

the accused A-31 and A-33 revealed that Iqbal (A-33) being

stationed in Dubai, United Arab Emirates (UAE) was engaged in

the illegal transfer of funds in India including PFI cadre Md.

Sajjad Alam and other PFI members for carrying out activities of

PFI. These funds were used in extending the unlawful activities of

PFI in Bihar even after the ban of PFI by the central government.

Seizure of two notebooks from the house search of the co-

accused/cousin Sarfaraz and extracted data of seized mobile Patna High Court CR. APP (DB) No.514 of 2024 dt.18-04-2025

phones of Iqbal (A-33) and Sarfaraz Nawaz (A-32) revealed

illegal channelizing of funds and deposit of cash amounts

including in the name of Md. Sajjad Alam.

11. The NIA has seized original cash deposit receipts

by which the cash deposits in the Canara bank account no.

6342101000497 of Md. Sajjad Alam were made using the

depositors name as Sinan, Mobile No. 9964137310 from

Panemangalore and Bantwal branches of Canara Bank. The

CCTV footages of these cash deposits from Panemangalore

Bantwal and Vitala branches of Canara Bank of Dakshina

Kannada district have been brought on record with the charge-

sheet to demonstrate involvement of these syndicate in illegal

channelizing of funds to Md. Sajjad Alam of Bihar.

12. The learned trial court while rejecting the prayer

for bail of the appellants has taken note of the materials available

on the record and the judgments of the Hon'ble Supreme Court in

the case of NIA vs. Zahoor Ahmad Shah Watali reported in

(2019) 5 SCC 1 and Gurwinder Singh vs. State of Punjab

reported in 2024 SCC OnLine SC 109. The learned trial court

held that the accusations against both the appellants appear to be

prima facie true, their cases are squarely covered by the Patna High Court CR. APP (DB) No.514 of 2024 dt.18-04-2025

observations of the Hon'ble Supreme Court and the bail petitions

are liable to be rejected.

Submissions on behalf of the appellants

13. While assailing the impugned order of the learned

trial court, learned counsel for the appellants would submit that so

far as the appellant Md. Sinan (A-31) is concerned, he has been

brought in this case during investigation alleging that he along

with accused (A-34) deposited cash amount of less than Rs.

50,000/- several times from Canara Bank Panemangalore Bantwal

and Vitala branches of the district in Canada Bank of Md. Sajjad

Alam and to various accused/suspects for committing terrorist

acts. There are also allegations of conspiracy and both the

appellants have been charged for criminal conspiracy in abetting

waging war against the Government of India in association with

co-accused persons and in criminal conspiracy of collecting men,

arms and ammunition and preparing to wage war with the

intention of waging war against the Government of India.

14. Learned counsel submits that the entire prosecution

story is false and concocted and the story of channelizing illegal

funds and transfer of funds by the appellant in furtherance of

commission of terrorist act or to achieve any illegal object has no

iota of truth. It is submitted that the appellant (A-31) is not a Patna High Court CR. APP (DB) No.514 of 2024 dt.18-04-2025

member of the PFI, rather he was running his small shop of e-

ticket booking and mobile recharge at his local market. It is

submitted that one Ibrahim is the nephew (sister's son of the

appellant), he lives in Saudi Arabia and he sometimes used to

send money in the bank account of the appellant for expenses of

his wife, (sister of appellant), but such transaction of money

occurred among the family members for meeting monthly

expense and daily need of the family, this has been termed as

channelizing of illegal funds. It is submitted that mere allegation

of transferring amount without any corroborative evidence of

using the same for procuring arms and ammunition and achieving

any goal to commit terrorist act, does not attract any of the

provisions of the UA(P) Act as defined under Section 2(1)(k) of

the Act, which has the meaning assigned to it in Section 15. In the

grounds of appeal, the petitioner has contended that the PFI was a

democratic organisation registered under the Societies Act and

had been in service of many welfare activities, nonetheless, it was

banned on 27.09.2022. The further ground is that the bail

application of the applicant has been rejected only on the ground

of a prima facie case to believe the allegations as true without

there being a definite accusation against the appellant based on Patna High Court CR. APP (DB) No.514 of 2024 dt.18-04-2025

any material document or evidence collected before or after

arrest.

15. Learned counsel for the appellants has submitted

that except for the allegations, there are absolutely no material

involving the appellants in the commission of offence under

Section 15 of the UA(P) Act. It is also submitted that in view of

the previous FIR RC/14/2022/NIA/DLI dated 13.04.2022 and FIR

in RC No. 4/2022/NIA/DLI dated 19.09.2022 on the same set of

allegations against another set of accused with verbatim

reproduction of same occurrence is nothing but a violation of

"Doctrine of Sameness". Judgment of the Hon'ble Supreme Court

in the case of T.T. Antony vs. State of Kerala reported in (2001)

6 SCC 181 has been cited on behalf of the appellant.

16. Learned counsel for the appellant (A-31) would

submit that all transactions of the appellant pertains to the period

prior to the imposition of ban on PFI organisation, therefore, no

prima facie offence under Section UA(P) Act is being made out

against the appellants.

17. As regards the appellant Iqbal (A-33), the NIA has

collected the account statement of the Canara Bank of Md. Sajjad

Alam to establish that Iqbal (A-33) was associated in the criminal

conspiracy of cash deposit in the bank account of Md. Sajjad Patna High Court CR. APP (DB) No.514 of 2024 dt.18-04-2025

Alam which was channelized through him from UAE. The

extracted data of seized mobile phones of Iqbal (A-33) has been

cited to establish his association with Sarfaraz (A-32) and Sinan

(A-31) in transfer of illegal funds to Md. Sajjad Alam. The search

list related to the house search of Iqbal (A-33) has been cited to

establish the seizure of one Samsung Galaxy A-53 5G mobile

along with one SIM. Statement of Md. Nawfad and Zakir Hussain

recorded under Section 161 CrPC have been cited to establish

association of Sarfaraz and Iqbal in transfer of illegal funds from

abroad and to establish association of Sinan and Sarfaraz.

Statement of some other witnesses have been cited to establish

the association of the appellants with PFI and their involvement

in channelizing of the illegal funds from UAE to India.

18. On behalf of Iqbal (A-33), it is contended that he is

not a member of PFI rather he used to work in Dubai and after

returning from Dubai he was running his small shop at his local

place. He was remitting some amount from Dubai or UAE to

India but the same was sent for the livelihood expenses of his

family and children through legal channels. It is submitted on

behalf of A-33 that sometimes he used to provide room rent

service to his clients through other brokers and in pursuance to

that, he had to transact with persons/clients on behalf of some Patna High Court CR. APP (DB) No.514 of 2024 dt.18-04-2025

other brokers/service providers also, and in the present era of

digital transactions, such transaction cannot be termed as

channelising funds for illegal means, when each and every

transaction have been made according to law. He has cited his

health issues as according to him he was undergoing treatment for

his life-threatening disease Acute Achalasia cardia. It is one of his

contentions that all transactions of the appellant pertains to the

period prior to the imposition of ban on PFI organisation,

therefore no prima facie offence under UA(P) Act is made out

against the appellant. It has also been brought to our notice that in

this case so far three accused persons have been granted bail.

Nooruddin Jangi @ Advocate Nooruddin Jangi has been granted

bail by a learned coordinate Bench of this Court in Criminal

Appeal (DB) No. 749 of 2023. The two other accused namely

Jalaluddin Khan @ Md. Jalaluddin and Athar Parvez have been

granted bail by the Hon'ble Supreme Court in Criminal Appeal

No. 3173 of 2024 and Criminal Appeal No. 5387 of 2024

respectively.

19. It is submitted on the basis of the materials

available on the record it may be found by this Court that rigours

of Section 43D(5) of the UA(P) Act, 1967 would not be attracted.

However, it has been alternatively submitted that even if the Patna High Court CR. APP (DB) No.514 of 2024 dt.18-04-2025

condition provided under proviso to subsection 5 of Section 43D

of the UA(P) Act, 1967 is attracted, this Court being a

constitutional court must come to the rescue of the appellants

considering that the appellants are in incarceration for over two

years but the trial is not likely to be concluded in near future.

There are altogether 160-170 witnesses to be examined and

presently PW-2 is being cross-examined. Learned counsel relied

upon the judgment of the Hon'ble Supreme Court in the case of

Union of India v. K.A. Najeeb reported in (2021) 3 SCC 713,

Vernon vs. State of Maharashtra and Anr. reported in (2023)

15 SCC 56 and Javed Shaikh vs. State of Maharashtra

reported in (2024) 9 SCC 813.

Submissions on behalf of the NIA

20. On the other hand, learned ASG for the NIA has

opposed the prayer of bail of these appellants. It is his common

contention that the PFI is an unlawful association. Its ultimate

objective was to overthrow the existing constitutional system of

Democratic Government of India and to replace it with an Islamic

Caliphate where Shariat/Islamic law shall be imposed. It is

contended that the PFI, under the garb of promoting national

integration, communal amity and welfare of minorities and Patna High Court CR. APP (DB) No.514 of 2024 dt.18-04-2025

weaker section, was clandestinely working to achieve the

objective of Islamization of the country by the year 2047.

21. As regards the role of these two appellants, it is

submitted that during investigation, the digital article seized from

the house searches and personal searches of Md. Sinan (A-31) it

has been found that he was instrumental in illegal channelising of

funds from UAE/Saudi Arabia and depositing the same in the

bank accounts of different entities, including accused persons of

East Champaran (Motihari) Module of PFI of this case. The cash

deposits in the Canara Bank account of Md. Sajjad Alam were

made using the depositor's name as Sinan from Panemangalore

and Bantwal Branches of Canara Bank which was channelised

from UAE. Regarding Iqbal (A-33), it is stated that he used to

collect money from Md. Sajjad Alam and sent the same to India

through illegal channels. On instruction of Md. Iqbal (A-33),

Sarfraz Nawaz (A-32) and Abdul Rafeek M (A-34) collected

money from Abid K M (A-35) in India and deposited the same in

the account of Md. Sajjad Alam using credentials of Md. Sinan

(A-31).

22. Learned ASG submits that one of the co-accused

Belal @ Irshad (A-30) has received huge amount from the bank

account of Md. Sajjad Alam during the period of 2022-2023. In Patna High Court CR. APP (DB) No.514 of 2024 dt.18-04-2025

this manner, the involvement of these appellants in transfer of

illegal funds from abroad to different persons in India for

committing terrorist acts have been sought to be established.

23. Learned ASG submits that there are sufficient

materials on the record to establish a prima facie case not only

under the provisions of the IPC and Arms Act but also under the

UA(P) Act, 1967 hence the rigours of Section 43D(5) of the

UA(P) Act, 1967 would be attracted in the case of these

appellants.

24. As regards the alternative submission made by

learned counsel for the appellants, learned ASG submits that the

ratio of the judgments of the Hon'ble Supreme Court in the case

of K.A. Najeeb (supra), Vernon vs. State of Maharashtra

(supra) and Javed Shaikh (supra) would not help the appellants

because the appellants are not in incarceration for a long period

and they cannot be said to have undergone a substantial part of

the sentence which is prescribed for the offences of which the

appellants have been charged with.

Consideration

25. We have heard learned counsel for the appellants

and learned ASG for the Union of India as also perused the

records. These two appellants have been chargesheeted vide Patna High Court CR. APP (DB) No.514 of 2024 dt.18-04-2025

Charge-sheet No. 1B/2023 dated 01.09.2023 for the offences

punishable under Sections 120B, 121, 121A and 123 of the IPC

and Sections 10, 13, 17 and 18 of the UA(P) Act. Sections 121,

121A and 123 of IPC are being reproduced hereunder for a ready

reference:-

121. Waging, or attempting to wage war, or abetting waging of war, against the Government of India.

Whoever wages war against the Government of India, or attempts to wage such war, or abets the waging of such war, shall be punished with death, or imprisonment for life and shall also be liable to fine. 121A. Conspiracy to commit offences punishable by section 121.

Whoever within or without India conspires to commit any of the offences punishable by section 121 or conspires to overawe, by means of criminal force or the show of criminal force, the Central Government or any State Government, shall be punished with imprisonment for life, or with imprisonment of either description which may extend to ten years, and shall also be liable to fine.

123. Concealing with intent to facilitate design to wage war.

Whoever, by any act, or by any illegal omission, conceals the existence of a design to wage war against the Government of India, intending by such concealment to facilitate, or knowing it to be likely that such concealment will facilitate, the waging of such war, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Patna High Court CR. APP (DB) No.514 of 2024 dt.18-04-2025

26. From the materials available on the record,

although this Court finds that there are allegations that these

appellants are the members of the PFI and in order to achieve the

agenda of establishing Islamic rule in India by 2047 and

overthrow the Democratic Government in India, they conspired

among themselves with the co-accused in the matter of

committing offence of waging war against the Government of

India, we find that the allegations are not supported/corroborated

by producing any materials to form a prima facie opinion against

these appellants.

27. While some of the co-accused have been

chargesheeted under Sections 153A and 153B of IPC with

Section 120B read with Section 25 and 29 of the Arms Act also,

so far as these appellants are concerned, the NIA has not found

sufficient materials to file a charge-sheet against them for the

offences under Sections 153A and 153B of IPC. Section 153A

punishes a person for promoting enmity between different groups

on ground of religion, race, place of birth, residence, language,

etc., and doing acts prejudicial to maintenance of harmony.

Section 153B punishes a person for imputations, assertions

prejudicial to national integration. Thus, unlike other accused, Patna High Court CR. APP (DB) No.514 of 2024 dt.18-04-2025

these appellants have not been chargesheeted under these two

Sections of the IPC.

28. This Court has further noticed that these two

appellants are the residents of the State of Kerala and Karnataka.

The counter affidavit of the NIA discloses that Iqbal (A-33),

Sarfaraz (A-32) and Md. Sinan (A-31) were involved in

transactions of illegal funds. Iqbal used to collect money from

Md. Sajjad Alam in Dubai/UAE and sent the same to India

through illegal channels. These are vague statements without

disclosing the period during which the funds were collected from

Md. Sajjad Alam and sent to India.

29. No transaction of money has been shown between

these appellants and the accused Reyaz Moarif (A-4) or with any

of the accused of the Supplementary Charge-sheet No. 1A/2023,

namely, Md. Tanveer @ Tanveer Barkati, Md. Abid, Md. Belal @

Irshad and Md. Irshad Alam.

30. This Court further finds that no telephonic

connection of these appellants has been found with Md. Yaqub

Khan (A-27) and Shahid Reza (A-38).

31. In the charge-sheet filed against these appellants, in

paragraph '15.1' it is stated that the digital articles seized from

the house searches and personal searches of the accused Md. Patna High Court CR. APP (DB) No.514 of 2024 dt.18-04-2025

Sinan (A-31), Sarfaraz Nawaz (A-32), Iqbal (A-33), Rafeck M

(A-34) and Abid K M (A-35) were forwarded to CERT-IN, New

Delhi for forensic examination and data extraction. In this very

paragraph a vague statement has been made that "The extracted

data revealed that the syndicate of abovementioned accused

persons was instrumental in illegal channelizing of the funds

from UAE/Saudi Arabia and depositing same in the bank

accounts of different entities including accused persons of East

Champaran (Motihari) Module of the PFI of this case."

In the whole charge-sheet, however, there is no assertion

that these appellants had received money in their bank account

from any source in UAE/Saudi Arabia.

32. Paragraph '17.17' of the charge-sheet points out

that the FIR named accused persons including Athar Parwez (A-

1), Md. Jalaluddin (A-2), Nooruddin Jangi @ Advocate

Nooruddin (A-19) and Arman Mallick @ Imteyaz Anwar (A-25)

were part of the criminal conspiracy and they intended to disrupt

the sovereignty of India and to cause disaffection against India.

A-1 & A-2 have been granted bail by Hon'ble Supreme Court. A-

19 has been also granted bail by a learned coordinate Bench of

this Court.

Patna High Court CR. APP (DB) No.514 of 2024 dt.18-04-2025

33. It is evident that in paragraph '17.17' there is no

mention of the name of these applicants. There is no allegation

that the appellant were part of the criminal conspiracy with the

FIR named accused persons. The charge-sheet nowhere says that

these appellants were ever seen participating in a meeting of PFI

post-ban period. This Court further finds that in paragraph

'17.28' of the charge-sheet a statement has been made that the

suspicious transaction in form of cash deposits were made from

Md. Sinan (A-31) and Abdul Rafeek M from the Canara Bank,

Panemmangalore, Bantwal and Vitalla Branches of Dakshina

Kannada District of Karnataka in the Canara Bank account no.

6342101000497 of Md. Sajjad Alam. It is alleged that Iqbal (A-

33) was employed in the United Arab Emirates. In the year 2020,

he became associated with a group of individuals in Dubai who

were engaged in the illegal transaction of funds to India.

34. On reading of paragraph '17.28' to '17.31' of the

charge-sheet this Court finds that although there are allegations

that these appellants had at some point of time made some

suspicious transactions but there is no whisper in the charge-

sheet that these appellants made any transaction in the bank

account of the PFI by way of deposit of cash for running the

unlawful activities of the PFI during the post-ban period. The Patna High Court CR. APP (DB) No.514 of 2024 dt.18-04-2025

materials in this regard available on the record are not sufficient

to form an opinion that there are reasonable grounds to believe

that the accusations against the appellants are prima facie true.

35. At this stage, it is further noticed that in

Chargesheet No. 1D/2023 in which Reyaz Moarif (A-4) has been

chargesheeted and which forms part of the counter affidavit of

the NIA, paragraph '17.64' deals with the analysis of call data

record of the mobile numbers of Reyaz Moarif and his

connections with the co-accused. We reproduce paragraph

'17.64' of the Charge-sheet No. 1D/2023 as under:-

"17.64 Analysis of Call data record of mobile number 7004947874 & 7033373446 of Reyaz Moarif (A-4) revealed that he was associated with the FIR named accused persons of the PFI namely Athar Parvej (A-1) mobile no. 8292626020, Tausif Alam (A-6) mobile no. 8084072313, Shamim Akhtar (A-3) mobile no. 9311114145, Mohammad Sanaullah @ Aakif (A-5) mobile no. 7739774394 & 9122826649, Noorudin Jangi (A-19) mob. no. 9871575416, Ehsan Parvej (A-

8) mobile no.9973693322, Md. Reyaz @ Reyaz Farangipet (A-20) mob. No. 9980082057, Mehboob ur Rehman (A-11) mob. no. 7044064786, Md Ansarul Haque @ Ansar Bhai (A-21) mob. no. 8936099120, Ehsan Pervej 9973693322, Md. Roselan (A-10) 9840063406 and Mazaharul Islam @ Mazhar Imam (A-23) mobile no. 6205119635 in the criminal conspiracy of the PFI. He was also connected with other co-accused Md Yaqub khan @ Sultan @ Usman (A-27) Mob. no. 7256846744, Md Tanweer Raja Barkati (A-28) mobile no. 9572424047, Md. Belal @ Md. Irshad (A-30) mobile no. 8294182181, Shahid Reza (A-38) mobile nos. 9693715141 & 8207674451 and other PFI members for extending the criminal conspiracy of PFI even after ban of the PFI by Central Government."

Patna High Court CR. APP (DB) No.514 of 2024 dt.18-04-2025

36. The above connection has been shown with a

graphic detail in the charge-sheet and we have extracted the same

hereunder for a ready reference:-

37. It is evident from paragraph '17.64' of the Charge-

sheet No. 1D/2023 that the analysis of call data record of Reyaz

Moarif (A-4) is not showing his connection with Sajjad Alam,

Md. Sinan and Iqbal @ Iqbal Abdul Khader.

38. This Court finds that as per allegations, Reyaz

Moarif @ Bablu (A-4) happened to be the Joint Secretary and

Vice-President of the PFI against whom there is an allegation that

he had hatched a criminal conspiracy with the other accused

persons of PFI for accomplishing Islamic rule in India by 2047.

The call data record of the two mobile phones of Reyaz Moarif

(A-4) is not showing his connections with these appellants and Patna High Court CR. APP (DB) No.514 of 2024 dt.18-04-2025

unlike the case of Md. Yaqub Khan (A-27), Tanveer Barkati (A-

28) and Abid (A-29), there is no legally intercepted voice call to

connect these appellants with any terrorist act, if any, of the PFI

during the post-ban period. Thus, the allegation of being involved

in channelising of illegal funds in some suspected accounts is not

based on any material showing a prima facie case against the

present appellants. There is nothing on the record to show that

such transaction would fall within the definition of "terrorist act"

and it would mean raising funds for "terrorist act" as envisaged

under Section 17 of the UA(P) Act, 1967. The charge-sheet does

not contain any description of the so-called suspected accounts in

which the appellants had made transfer of money.

39. This Court has earlier rejected the prayer for bail of

Md. Irshad Alam and Reyaz Moarif in Criminal Appeal (DB) No.

130 of 2024 and Criminal Appeal (DB) No. 42 of 2024. The role

of Reyaz Moarif (A-4) as discussed in the charge-sheet has been

taken note of hereinabove for purpose of distinction, no

connection of the present appellants has been found with Md.

Reyaz Moarif (A-4). There is a clear distinction between the case

of these appellants and that of Md. Irshad Alam and Md. Reyaz

Moarif whose prayer of bail has been rejected by this Court. In

case of Md. Irshad Alam, the materials on record showed that

there was legally intercepted telephonic call which he had with Patna High Court CR. APP (DB) No.514 of 2024 dt.18-04-2025

other activities of the organisation in which he was found

arranging arms and ammunition and conducted recce of a youth in

order to plan his targeted killing. No such allegations much less

any material is present against these appellants.

40. This Court further finds that in this case, till date

three accused persons have been enlarged on bail. One Nooruddin

Jangi @ Advocate Nooruddin Jangi was granted bail by a learned

coordinate Bench of this Court in Criminal Appeal (DB) No. 749

of 2023 whereas two other accused, namely, Md. Jalaluddin Khan

@ Md. Jalaluddin (A-2) and Athar Parwez (A-1) have been

granted bail by the Hon'ble Supreme Court in Criminal Appeal

No. 3173 of 2024 and Criminal Appeal No. 5387 of 2024

respectively. In case of Athar Parvez, which is a recently decided

case by the Hon'ble Supreme Court, while noticing the facts of

the case, the Hon'ble Supreme Court has observed that in the

charge-sheet, there is no allegation that the appellant was a

member of a terrorist gang or organisation. The PFI of which the

appellant was allegedly a member has not been declared a terrorist

organisation within the meaning of Section 2(m) of the UA(P)

Act, 1967. As regards the funds received by Athar Parwez (A-1),

the Hon'ble Supreme Court has observed in paragraph '30' of the

order as under:-

Patna High Court CR. APP (DB) No.514 of 2024 dt.18-04-2025

"30. Allegations against the Appellant with regard to having collected Zakat from the people for helping the PFI or recruiting members of PFI.

Suffice it to say at this stage, that on the day such activities were carried out by the Appellant, PFI was not a banned organisation. None of the witnesses or the protected witnesses stated that the money so collected in the form of Zakat was ever misappropriated by the Appellant or was in any manner used for illegal activities. The statement of the protected witnesses has not mentioned anything specific that would be attributed to the Appellant which could prima facie attract charges under the UAPA, 1967."

41. We have taken note of paragraph '30'

notwithstanding the fact that so far as the case of the appellants is

concerned, the investigating agency has not found any money

transferred by the appellants in the account of the PFI, Athar

Parwez or Md. Reyaz Moarif. The so-called transactions in the

suspected accounts cannot be taken as a reasonable ground to

believe it a prima-facie case of illegal channelization of funds by

the appellants.

42. In the light of the aforementioned discussions,

keeping in view what transpired from the charge-sheet placed

before us, we are of the opinion that at this stage, there is no

reasonable ground for believing that the accusations against the

appellants of raising funds for terrorist act are prima facie true.

43. For taking this view, the Court is merely expected to

record a finding on the basis of broad probabilities, as has been

observed by the Hon'ble Supreme Court and we are doing the same

taking the materials placed before us as they are. Thus, the rigours of Patna High Court CR. APP (DB) No.514 of 2024 dt.18-04-2025

Section 43D(5) of the UA(P) Act, 1967 would not be attracted in

this case.

44. In view of our above opinion, we need not go into the

alternative submission of learned counsel for the appellants. The

appellant has remained in custody for over two years and the views

expressed by Hon'ble Supreme Court in case of Athar Parwez

would cover the case of this appellants as well.

45. In result, we set aside the impugned order of the

learned trial court and direct release of the appellants on bail

immediately on such terms and conditions as may be deemed just

and proper by the learned trial court. The learned trial court shall

determine the terms and conditions to be imposed upon the

appellants after hearing learned counsel for the respondent.

46. It is made clear that the observations made hereinabove

are tentative in nature and no part of it shall cause prejudice to the

case of the either parties and it will have no bearing on the trial.

(Rajeev Ranjan Prasad, J)

(S. B. Pd. Singh, J) Rishi/-

AFR/NAFR
CAV DATE                11.04.2025
Uploading Date          18.04.2025
Transmission Date       18.04.2025