india

Updated: May 08, 2019 10:24 IST

The Supreme Court on Tuesday upheld a Madras High Court order granting bail to a man arrested by the National investigation Agency (NIA) on the charge of being a sympathiser of the terror outfit, Islamic State, in 2017.

The top court held that a charge sheet had already been filed against the four suspects in the case and that two of them were already released on bail.

The high court had in 2018 set aside a special court order extending the detention of the suspects under Section 43D of the Unlawful Activities Prevention Act (UAPA), 1967.

A bench led by Justice AM Khanwilkar said: “We cannot be oblivious of the changed circumstances which has been brought to our notice regarding the present FIR dated 26th January, 2017. A charge sheet has been filed against all the four accused persons (A­1 to A­4) including the accused respondent (A­3) on 13th March, 2018 and the accused no. 2 and accused no. 4 are on bail from 23rd January, 2019 and 19th November, 2018 and the matter is pending for framing of charge and it is not the case of the appellant that the present accused respondent after being enlarged on bail in compliance of the impugned judgment dated 12th September, 2018 has committed any breach or violated the conditions of grant of bail [sic].”

With this order, the court disposed of the NIA appeal. However, the court’s reason to grant bail to accused Shakul Hameed, a resident of Chennai, was different from the one given by the high court.

“To conclude, we are not in agreement with the conclusions arrived at by the High Court in the impugned judgment dated 12th September, 2018, but taking note of the later developments and the supporting facts brought to our notice, we are not inclined to interfere with the final relief to the extent of granting default bail to the accused respondent in the circumstances of the case on hand,” the bench said.

The top court also said that prosecution can apply for cancellation of bail to the accused, “if any exigency arises in future”.

The apex court also asked the NIA court hearing the matter “to expedite and conclude the trial on or before March, 2020”.

The NIA had alleged that Hameed “was involved in a criminal conspiracy” and was instrumental in forming a terrorist gang, raised funds and trained some personnel and facilitated their travel from India to Syria to join the IS.

Hamid too had attempted to join IS/Daesh in Syria but “was intercepted by the Turkish authorities while attempting to cross over to Syria and deported to India from Turkey on 29th August, 2015,” the agency claimed.

He was arrested and remanded in judicial custody on September 18, 2017.