Jafar Shadik Ali @ Jafar Sadiq Ali @ Jafer Ali v. Union of India Rep. by
Case brief
What is this about?
Conditional bail granted in NIA case where accused's absence flowed from remand in unrelated State case. Keywords: bail; recall of warrant; remand to judicial custody; Section 317 Cr.P.C. dispensation of personal appearance; Section 21 NIA Act appeal; National Investigation Agency Act, 2008; BNS 2023 Sections 329(4), 204, 308(2), 351(2); Special Court for NIA Cases, Poonamallee, Chennai; Spl.S.C. No.19 of 2022; Crl.M.P. No.20 of 2025; R.C.No.33/2018/NIA/DLI; Crime No.222 of 2024, Elephant Gate Police Station; earlier bail dated 22.02.2019 in Crl.M.P. No.2 of 2019; bond Rs.10,000/- with two sureties. Relevant when arguing that non-appearance caused by detention in another case does not justify cancellation/remand and warrants restoration of bail.
What did the court decide?
Appeal allowed; impugned order dated 7.1.2025 in Crl.M.P. No.20 of 2025 in Spl.S.C. No.19 of 2022 set aside; appellant to be released on bail on conditions: bond of Rs.10,000/- with two independent sureties of like sum; photographs/left thumb impressions on surety bonds with Aadhar card/bank passbook/mobile number verification; appearance before the Special Court for NIA Cases, Poonamallee, Chennai on all hearing dates; cooperation with investigation and trial; no threatening of witnesses or tampering with evidence; no leaving India without trial court permission; no acts against communal or religious harmony or the interests of the country.