NIA case accused Nachan moves Delhi HC against order denying him statutory bail
Jun 24, 2024
New Delhi [India], June 24 : Accused Saquib Abdul Hamid Nachan has moved the Delhi High Court, challenging the trial court order denying him statutory bail. He was denied bail and the period of investigation was extended on May 20. The matter has been listed with another connected matter for hearing in July.
Vacation division bench of justices Mini Pushkarna and Dharmesh Sharma listed the matter for hearing on July 11.
Nachan was earlier convicted and sentenced in the 2002 and 2004 Mumbai blasts.
He has moved the high court through Mubin Akbar and challenged the order of May 20, 2024, passed by the Special Judge (NIA) and the Patiala House Court dismissed the statutory bail/default bail under Section 167 of the CRPC, filed on the ground that the order of April 19, 2024, whereby extending the 45-day time to complete the investigation is not provided in law and is illegal.
He also challenged the order of May 20, 2024, whereby the NIA Court allowed the 15-day judicial custody on June 2, 2024, on NIA application without Public Prosecutor (PP) Report. He has claimed statutory bail/default bail since the NIA did not comply with the provisions of U/S 43-D(2) as amended in Section 167 of the CRPC, i.e., the PP Report.
In July 2023, an FIR under sections 379, 468, 511, 34 IPC, with sections 3(25), 4(25) Arms Act, U/S 37(1)(3), 135 Maharashtra Police Act, Uls 13,15, 16(1)(B), 18,20 UAPA Act, PS ATS, Kalachowkey, Mumbai, involving Shahnawaz Alam (absconding) was registered and subsequently taken up by the NIA, Mumbai. Some of the accused persons were arrested, and some were absconding.
In September 2023, an FIR was registered by the Special Cell of the Delhi Police.
It said that information was received that accused Shahnawaz Alam, a resident of Jharkhand who is wanted in the Mumbai case, is moving along with one Rizwan, a resident of Delhi, and planning to carry out terrorist activities in Delhi and adjoining areas.
It was also claimed that they had some Delhi-based contacts who were participants in their criminal conspiracy. An FIR under sections 120B/43IPC, on September 2023 was registered by Special Cell, the plea said.
Thereafter, in November 2023, an FIR was lodged by the NIA. The appellant and other accused were arrested on December 9, 2023.
The accused were sent in judicial custody after interrogation, and their judicial custody kept on extending. The period of investigation was extended in April and May 2024.
