Rajasthan High Court
Subash S/O Shr. Chunni Lal vs Nia on 28 July, 2022
Bench: Pankaj Bhandari, Sameer Jain
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Criminal Appeal No. 139/2022
Subash S/o Shr. Chunni Lal, R/o Village Rajpura, Tehsil
Taranagar, District Churu, Rajasthan.
Accused-Appellant
Versus
NIA, Through Its Public Prosecutor
----Respondent
Connected With
D.B. Criminal Appeal (Db) No. 167/2022
Mohammad Aslam S/o Shri Abdul Rasheed, Aged About 26
Years, R/o Gonsiya Mohalla, P.O. Sheraniabaad, Tehsil
Deedwana, District Nagour, Rajasthan. (At Present In Central
Jail, Jaipur)
Accused-Appellant
Versus
N.I.A., Through Its Public Prosecutor
----Respondent
For Appellant(s) : Mr. Sumit Teterwal
Mr. Prateek Kedawat for
Mr. Muzaffar Iqbal
For Respondent(s) : Mr. R.D. Rastogi, Additional Solicitor
General assisted by Mr. Akshay
Bhardwaj & Mr. Devesh Yadav
Mr. Tej Prakash Sharma, Special PP
for NIA
HON'BLE MR. JUSTICE PANKAJ BHANDARI
HON'BLE MR. JUSTICE SAMEER JAIN
Order
28/07/2022
1. Accused-Appellant - Subash has preferred D.B. Criminal
Appeal No.139/2022 aggrieved by order dated 27.05.2022 passed
by Special Judge, (N.I.A. Cases), Jaipur, Rajasthan and Accused
(2 of 3) [CRLAD-139/2022]
Appellant - Mohammad Aslam has preferred D.B. Criminal Appeal
No.167/2022 aggrieved by order dated 21.05.2022 passed by
Special Judge, (N.I.A. Cases), Jaipur, Rajasthan, whereby bail
applications filed by accused-appellants - Subash & Mohammad
Aslam, were rejected.
2. It is contended by counsel for the National Investigating
Agency that this Court had allowed the appeals of similarly
situated persons on 07.05.2022. However, a Special Leave Petition
has been preferred against the judgment dated 07.05.2022 by the
respondent.
3. We have considered the contentions.
4. This Court allowed the appeals of the similarly situated co-
accused considering the fact that persons involved were arrested
at the airport and the value of the gold seized from them was less
than Rs.1 Crore. It was observed that they have been given
benefit of bail under the Customs Act and the only question before
the Court was whether gold is included in the category of 'other
material' as mentioned in Section 15(1)(a)(iiia) of the UA(P)A.
This Court held that gold cannot be considered as any 'other
material' as mentioned in the above section and granted bail to
the co-accused. Case of the present appellants is squarely covered
by decision of this Court with regard to other co-accused.
5. In view of the above fact, this Court deems it proper to allow
these Criminal Appeals.
6. The present Criminal Appeals are accordingly allowed. The
orders dated 27.05.2022 & 21.05.2022 passed by the Special
Judge (N.I.A. Cases), Jaipur, Rajasthan, are hereby quashed and it
is directed that accused-appellants shall be released on bail
(3 of 3) [CRLAD-139/2022]
provided they furnish a personal bond in the sum of Rs.1,00,000/-
(Rupees One Lac Only) together with two sureties in the sum of
Rs.50,000/- (Rupees Fifty Thousand Only) each to the satisfaction
of the Trial Court with the stipulation that they shall appear before
that Court and any Court to which the matter be transferred, on
all subsequent dates of hearing and as and when called upon to do
so.
7. However, it is made clear that while deciding these appeals,
anything observed herein shall not be construed as an expression
on merits of the case. It is further made clear that the
observations made while deciding these appeals are simply the
arguments advanced by both the parties and the same shall not,
in any way, effect the learned Trial Judge in forming his
independent opinion based on testimony of the witness during the
course of trial.
8. Copy of this order be placed in the connected file.
(SAMEER JAIN),J (PANKAJ BHANDARI),J
AMIT KUMAR /64-65
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