TMI Blog2021 (7) TMI 1302X X X X Extracts X X X X X X X X Extracts X X X X ..... f the majority of witnesses is concealed. This takes care of the apprehension of tampering with evidence as well. The appellant can be released on temporary bail with effect from 13th August 2021 to 21st August 2021, subject to conditions imposed - application allowed. - Criminal Appeal No. 220 of 2021 - - - Dated:- 30-7-2021 - S.S. Shinde And N.J. Jamadar, JJ. Ms. Indira Jaising, Senior Advocate a/w. Ms. Susan Abraham and Mr. Nihalsingh Rathod i/b Mr. R. Sathyanarayanan for appellant. Mr. Anil C. Singh, ASG a/w. Mr. Sandesh Patil, Mr.Chintan Shah, Mr. Prithviraj Gole for respondent-NIA. Mrs. A.S. Pai, PP a/w. Mrs. S.D. Shinde, APP for State. JUDGMENT : 1. This appeal, under section 21(4) of the National Investigation Agency Act, 2008, is directed against an order dated 11th September 2020 passed by the learned Special Judge, NIA, Greater Bombay, on an application for temporary bail (Exh.317), whereby the prayer of the appellant-accused No.3, to release him on temporary bail to join his family members in performing the last rites of his mother Smt. Manjula Gadling, who passed away on 15th August 2020, at Nagpur, came to be rejected. 2. Factual bac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mber 2021. The proposed schedule of the rituals to be performed is indicated. The appellant, thus, prays for release on temporary bail for a period of three weeks to perform the last rites and rituals, hold and attend the condolence meeting etc. of his mother 5. An affidavit is filed on behalf of NIA, in opposition of the prayer. After adverting to the seriousness of the allegations against the appellant and the role attributed to the appellant, the respondent-NIA has assailed the tenability of the prayer as the very reason for which the grant of temporary bail was sought, does not survive any more. Temporary bail, according the respondent-NIA, cannot be granted to the appellant for a reason which no more survives. It was contended that, on the said count alone, this Court, in exercise of the appellate jurisdiction, cannot interfere with the impugned order. Even otherwise, having regard to the seriousness of the offences and the provisions of UAPA, no fault can be found with the impugned order. Lastly, the new ground sought to be urged by the appellant by filing additional affidavit is also untenable as the rites and rituals can be performed by any other family member. 6. In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red before the NIA Court, the appellant had sought release on temporary bail to participate in the last rites/rituals of his deceased mother. Incontrovertibly, the appellant s mother passed away on 15th August 2020. It is affirmed in the additional affidavit that none of the family members could participate in the funeral on account of the then prevalent Covid-19 protocol. 11. The submission on behalf of NIA that since the appellant had prayed for temporary bail to participate in the last rites/rituals and on account of the passage of time, the said cause does not survive, appears attractive at the first blush. However, on a humane consideration, which the circumstances of the case and the nature of the prayer warrant, the said objection appears untenable. It was not the prayer of the appellant that he should be released to attend the funeral of his deceased mother. The specific prayer was to release him so that he can join his family in performing the rituals. From this stand point, the claim of the appellant that the rites, rituals and condolence meeting, which have been kept in abeyance, are to be performed and held on the first death anniversary of his mother, cannot be said ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lant did not make himself scarce and avoid to co-operate with the investigation agency. In substance, the appellant does not pose any fight risk . 15. These submissions carry substance. Having regard to the situation in life of the appellant, as borne out by the record, we do not find that there is a reasonable ground to believe that the appellant may abscond. Nonetheless, we propose to impose appropriate conditions upon the appellant, an undertrial prisoner, to take care of the possible apprehension of the prosecuting agency. Likewise, charge-sheet has been lodged and the identity of the majority of witnesses is concealed. This takes care of the apprehension of tampering with evidence as well. 16. In the totality of the circumstances, in our view, the appellant can be released on temporary bail with effect from 13th August 2021 to 21st August 2021. 17. Hence, the following order : ORDER (i) The appeal stands partly allowed. (ii) The appellant-Mr. Surendra Pundalik Gadling, an undertrial, is ordered to be released on temporary bail from 13th August 2021 to 21st August 2021, purely on humanitarian ground, to attend the last rites/rituals and family condolence ga ..... X X X X Extracts X X X X X X X X Extracts X X X X
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