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Mohd Shahzad Kamal vs. National Investigation Agency

Criminal Appeal · CNR No. DLHC010524852024Decided 1 Oct 2026New Delhi Bench
CRL.A. 761/2024CNR: DLHC010524852024
Justice Navin Chawla · Justice Arun Bhardwaj

Background

The appellant, named as accused No. 18 in an NIA case arising from RC No. 38/2018/NIA/DLI, is alleged to have been part of a conspiracy linked to a terror group, with an alleged role in funding and communication with other accused. He has been in custody since 31.08.2021, more than five years, and the trial has only just begun, with one of 161 prosecution witnesses examined. The Special Court refused him bail on 29.05.2024.

Decision Breakdown

The Division Bench set aside the Special Court's order and granted bail. It held that the trial was unlikely to end soon, that there was no positive evidence yet that incriminating chats came from the appellant, and that the prosecution could only prove those matters through the evidence. Relying on Supreme Court decisions on the right to a speedy trial under UAPA-type restrictions, it held that restrictions on bail melt down where the trial is far off and detention is long. The release was subject to a bond of Rs 50,000 with two sureties, surrender of any passport, a bar on leaving his native district except to attend court, fortnightly reporting, and no contact with witnesses or social-media statements. The Court stressed that its observations were made only for the bail question.

Lesson Learnt

In serious security-related cases, a very long pre-trial detention with little progress can outweigh restrictive bail provisions, and courts may release the accused with strict conditions. Bail can always be cancelled if conditions are breached.

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