Facts
The National Investigation Agency (NIA) filed a statutory appeal under Section 21 of the NIA Act, 2008, challenging an order dated 31.10.2019 passed by the Special Judge (NIA), Manipur
Source reference: p. 2, para 4The impugned order granted bail to the Respondent (Accused No. 7 in Spl. Trial Case No. 1 of 2017) subject to a personal bond of Rs. 1,00,000/- and two sureties
Source reference: p. 2, para 4By the time the appeal was heard in March 2026, the Respondent had been on bail for over six years
Source reference: p. 3, para 7The NIA acknowledged that the Respondent was cooperating with the trial proceedings
Source reference: p. 3, para 7Issues
Whether the bail granted to the Respondent by the Special NIA Court should be set aside or modified given the lapse of time and the Respondent's conduct during the trial
Source reference: p. 3-4, para 8, 10Law Applied
The court primarily applied Section 21 of the National Investigation Agency Act, 2008, which provides for statutory appeals against orders (granting or refusing bail) passed by a Special Court
Source reference: p. 2, para 1The court also applied the principle of judicial restraint in "consent orders," where the conduct of the accused (cooperation during trial) and the passage of time (six years on bail) weigh against the reversal of a liberty-granting order
Source reference: p. 3, para 7-8Reasoning
The court noted the significant temporal gap between the grant of bail (2019) and the hearing of the appeal (2026), observing that the Respondent had complied with all bail conditions and was regularly appearing before the NIA Special Court-II
Source reference: p. 3, para 7The Deputy Solicitor General of India (DSGI) conceded that the Respondent was cooperating with the trial and did not press for the immediate cancellation of bail, provided the legal questions raised in the appeal remained open
Source reference: p. 3, para 7-8Consequently, the court found it unnecessary to perform a detailed "legal drill" of the merits of the original bail order, choosing instead to affirm the status quo based on the parties' mutual consent and the Respondent's track record of cooperation
Source reference: p. 4, para 9-10Holding
The High Court affirmed the order dated 31.10.2019 and disposed of the appeal as closed
The court held that the Respondent shall remain on bail, but specifically ordered that: (a) all legal questions raised by the NIA remain open for future cases; and (b) the NIA retains the right to seek cancellation of bail if new grounds arise, to be decided on its own merits
Source reference: p. 4, para 10No costs were awarded
Source reference: p. 4, para 11Original Court PDF
National Investigation Agency v. Mrs. Sapam (Ongbi) Somola Devi; Cril.A. No. 24 of 2019
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