Sougaijam Rakesh Singh @ S. Rakesh Singh v. National Investigtion Agency
2016-12-06
AJIT SINGH, MANOJIT BHUYAN
body2016
DigiLaw.ai
JUDGMENT : 1. Heard on I.A. (Crl.) No. 416 of 2016, which is an application for grant of bail and suspension of sentence on behalf of applicant Sougaijam Rakesh Singh @ S. Rakesh Singh. 2. 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”). 3. The applicant has been convicted under Sections18 and 20 of the UA(P) Act, 1967 and sentenced to rigorous imprisonment for 8 and 7 years respectively and fine of Rs.10,000/- on each count. The applicant has also been convicted under Section 121(A) of the Indian Penal Code and sentenced to rigorous imprisonment for 10 years and fine of Rs.10,000/- with default stipulation. He has however been acquitted of the remaining charges. 4. 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 and he had carried out activities of UNLF in the form of disrupting the supply for community life in India, blockade of NH-39 by threatening the unity, integrity and sovereignty of India. It is also the case of prosecution that the applicant was in touch with other co-conspirators and acted in waging war against the Nation. 5. During trial, the applicant was granted bail by a Division Bench of this High Court vide order dated 27.1.2012 passed in Criminal Appeal No. 146 of 2012. The National Investigating Agency had challenged the order dated 27.1.2012 before the Supreme Court in Special Leave to Appeal (Crl.) No. 4469/2012 which was dismissed vide order dated 12.1.2015. Also the Special Judge in paragraphs 84 and 86 has held that there was no circumstance on record to show that any terrorist activity was committed by the applicant on the direction of the leadership of the UNLF. The Special Judge has even held that there was no specific circumstance to show that any act of waging war or attempt to wage war against Government of India was committed by the applicant. There is also absolutely no evidence on record to suggest that the applicant is involved in any terrorist activity. It is true that in some emails sent inter-se between the co-accused persons A-16 and A-19, the name of applicant has figured.
There is also absolutely no evidence on record to suggest that the applicant is involved in any terrorist activity. It is true that in some emails sent inter-se between the co-accused persons A-16 and A-19, the name of applicant has figured. But in these emails there is no mention of any terrorist activity. Otherwise also, the contents of emails have not been proved. 6. We, therefore, having regard to the fact that applicant has already served more than 1 year 5 months 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 or 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 not leave Imphal where he resides without the prior permission of the High Court. The application is allowed.