Ajit Singh; CJ:-- Mr. DK Mishra, learned senior counsel, assisted by Ms. S Jahan, Mr B Prasad, Mr. MG Singh, Mr. A Talukdar, Mr. KK Kalita & Mr S Ali, learned counsel for the applicant/appellant. Mr. DK Das, learned Standing Counsel for National Investigation Agency assisted by Ms. GD Choudhury learned counsel appearing for the respondent. Heard on I.A. (Crl.) No. 344 of 2016, which is an application for grant of bail and suspension of sentence on behalf of applicant—Oinam Maniton Singha. The applicant along with co-accused persons was prosecuted for offences under Sections 120B/121/121(A) and 122 of the Indian Penal Code and under Sections 16,17,18 and 20 of the Unlawful Activities (Prevention) Act, 1967 (in short “UA(P) Act, 1967”). The Special Judge has convicted the applicant under Section 20 of the UA(P) Act, 1967 and sentenced him to rigorous imprisonment for 7 years and fine of Rs.10,000/- with default stipulation. The Special Judge has acquitted the applicant of the remaining charges. According to the prosecution case, the applicant is a member of terrorist organization - United National Liberation Front (UNLF) notified in the First Schedule of UA(P)Act, 1967. The applicant was on bail during the trial pursuant to order dated 6th April, 2015 of the Supreme Court passed in Special Leave to Appeal (Crl.) No. 1794 of 2013, filed as Annexure-I. Also the Special Judge in paragraphs 84 and 86 of the impugned judgment has held that there was no circumstance on record to show that any specific terrorist activity was committed by the applicant on the direction of the leadership of the UNLF. There is also absolutely no evidence on record to suggest that the applicant is involved in any terrorist activity. The main evidence against the applicant seems to be some e-mails sent inter-se between the co-accused persons A-1 and A-18 wherein his name has figured. Even in these e-mails, there is no mention of any terrorist activity. Otherwise also the contents of e-mails have not been proved. And the applicant is reported to be in jail since more than 5 years. Even in these e-mails, there is no mention of any terrorist activity. Otherwise also the contents of e-mails have not been proved. And the applicant is reported to be in jail since more than 5 years. We, therefore, having regard to the fact that applicant has already served 5 years of imprisonment and there is no evidence to show that he has been involved with any terrorist activity and also considering the fact that he while on bail did not misuse his liberty, deem it proper to direct that if he furnishes a personal bond of Rs.50,000/- with two solvent sureties of the like amount to the satisfaction of the Special Judge, NIA, Assam, Guwahati, the execution of jail sentence passed against him shall remain suspended and he shall be released on bail. He shall now appear before the Special Judge, NIA, Assam, Guwahati on 20.3.2017 and on such dates, as may be directed by that court. The applicant will not make contact with any member of the UNLF during pendency of the appeal. The applicant will also not leave Cachar where he resides without the prior permission of the High Court. The application is allowed.