New Delhi, Mar 28: A Delhi court on Saturday granted bail to separatist Shabir Ahmed Shah in a money laundering case, observing that he had already been granted relief in the predicate NIA terror funding case.
Special Judge Prashant Sharma said Shah being granted bail by the Supreme Court was a material fact in his favour. “It is an admitted position that the accused Shabir Ahmad Shah was granted bail by the apex court in the predicate offence (NIA’s terror funding case), vide order dated March 12, and is also an admitted position that said accused was not arrested by Enforcement Directorate (ED) during investigation, in this case and complaint against him was filed by ED, without arresting him,” the judge said.
Judge Sharma cited a 2003 verdict of the Delhi High Court and said, “Once an accused is not arrested by ED and said accused appears before this court on being summoned, then as a matter of prudence and in compliance with the said (high court) judgement, bail has to be granted to the accused.” He underlined that Shah was over 70 years old and had remained incarcerated for more than eight years.
The judge said that the aspects of the accused fleeing away from justice, influencing witnesses and tampering with evidence could be met with imposing necessary bail conditions. “In view of the above facts and circumstances, applicant/accused is granted bail on furnishing of personal bond/surety bond of Rs one lakh each with two sureties (out of which, one should be a local surety of Delhi)…,” the judge said.
He imposed other stringent terms and conditions, including not leaving the country and his state of residence, surrendering his passport and using only one mobile phone and/or one landline number during the trial.”Details of these numbers shall be provided to the Special Public Prosecutor/Investigating officer (IO), and the mobile phone shall always be kept in the switched-on mode; He shall report to the IO of NIA on every second Wednesday of the English calendar month between 10 AM and 11 AM,” the court said. It further said Shah would not try to influence any witness nor tamper with evidence, besides furnishing an undertaking that he will not commit any offence of a similar nature.”He shall not make any comment in the media about the present case or his role in the case; He shall be available at the address mentioned by him in the bail bonds, and in case of any change, IO shall be intimated in advance,” the court said.
Underlining that if the trial was unlikely to conclude within a reasonable time, continued detention could result in curtailment of personal liberty guaranteed under the Constitution, the top court had on March 12 this year granted bail to 74-year-old Shah. in the terror funding case.The Supreme Court had imposed similar stringent bail conditions, in addition to what the trial court may impose, on Shah.
