P a g e 1 | 6 IN THE HIGH COURT OF MANIPUR AT IMPHAL REPORTABLE Item No. 15 CRL. A. No. 30 of 2023 National Investigation Agency, Ministry of Home Affairs, Government of India, New Delhi, represented by the Chief Investigation Officer (CIO), National Investigation Agency, Branch Office, Imphal, Manipur Type – VI, Quarter G-1, Lamphel Officer Colony, Lamphelpat, P.O. & P.S. Lamphel, Imphal West District, Manipur - 795001. … Appellant - Versus – Mr. Chandam Tondon @Santosh @ Shileiba @ German Singh, aged about 31 years, S/o (L) Ch. Shyam Singh of Awang Sekmai, Awang Leikai, P.O. & P.S. Sekmai, Imphal West District, Manipur. … Respondent B E F O R E HON’BLE THE CHIEF JUSTICE MR. M. SUNDAR HON’BLE MR. JUSTICE A. GUNESHWAR SHARMA For the appellant : Mr. BR Sharma, Central Government Standing Counsel (CGSC) For the respondent : Mr. Ch. Robinchandra, Advocate Date of hearing : 21.05.2026 Date of judgment & order: 21.05.2026 SHAMURAILATPAM SUSHIL SHARMA Digitally signed by SHAMURAILATPAM SUSHIL SHARMA Date: 2026.05.22 17:10:45 +05'30' P a g e 2 | 6 JUDGMENT & ORDER (ORAL) [M. Sundar, CJ] [1] Captioned ‘Criminal Appeal’ (‘Crl. A.’ for the sake of brevity) is a statutory appeal under Section 21 of ‘National Investigation Agency Act, 2008 (34 of 2008)’ [hereinafter referred to as ‘NIA Act’ for the sake of brevity]. [2] Nucleus of captioned appeal is Special Trial (NIA) Case No. 1 of 2020 on the file of Court of Special Judge (NIA), Manipur, now Special Trial (NIA) Case No. 3 of 2025 on the file of District & Sessions Court, Imphal West. This Court is informed that the District & Sessions Court, Imphal West is a designated Court qua NIA case. This case shall be referred to as ‘said NIA case’ and the Court concerned shall be referred to as ‘said NIA Court’ both for the sake of brevity, convenience and clarity. [3] The sole respondent in the captioned appeal is accused No. 8 (A-8) in the said NIA case. [4] On facts, it will suffice to write that A-8 applied for bail in said NIA Court (obviously in said NIA case) vide Cril. Misc. (B) Case No. 96 of 2023. In and vide order dated 10.10.2023, the said NIA Court after hearing both sides and after full contest granted bail and imposed certain bail conditions. This 10.10.2023 order of said NIA Court granting bail to A-8 shall be referred to as ‘impugned order’ for the sake of brevity, convenience and clarity. NIA has filed captioned statutory appeal assailing this impugned order. Owing to the trajectory the captioned appeal has taken today in the P a g e 3 | 6 hearing (about which there will be allusion elsewhere infra in this order) it is not necessary to be detained further by facts. To put it differently, it is not necessary to dilate more on facts. [5] Mr. BR Sharma, learned ‘Central Government Standing Counsel’ (‘CGSC’ for the sake of convenience) and Mr. Ch. Robinchandra, learned counsel for sole respondent are before this Court. [6] Captioned main criminal appeal was taken up and heard out with the consent of aforementioned learned CGSC for NIA and learned counsel for respondent. [7] At the outset, though the learned counsel for appellant has first right of audience, it is imperative to capture the submission of learned counsel for respondent. Learned counsel for respondent (A-8 in the said NIA Court) submits that the respondent has complied with all bail conditions qua impugned order, he is appearing regularly in the said NIA Court in said NIA case in all hearings. It is further submitted by learned counsel for respondent that respondent (A-8) is cooperating with said NIA Court for smooth conduct of Trial. [8] To be noted, the impugned order was made nearly 2 (two) years and 7 (seven) months ago (10.10.2023 to be precise). A perusal of E- Court website of said NIA Court brings to light that there have been many listings post impugned order and there is nothing to demonstrate that respondent (A-8) has not appeared in any of the hearings. [9] Be that as it may, learned NIA counsel i.e., learned CGSC for P a g e 4 | 6 appellant Mr. BR Sharma very fairly submitted that it is true and correct that respondent (A-8) is cooperating qua smooth conduct of Trial after complying with all bail conditions imposed by impugned order and there would be no difficulty in he remaining enlarged on bail as long as he continues to extend cooperation for the Trial. [10] This Court is informed by learned counsel on both sides that Trial has since commenced in the said NIA case in said NIA Court, examination of prosecution witnesses is under way, the case was last listed on 07.05.2026 and it now stands over to 21.05.2026. [11] In the light of the afore-referred position, there is no disputation or contestation in the captioned Crl.A. The fair submission of learned CGSC for NIA i.e., learned CGSC for appellant that the bail order (impugned order) can continue is recorded. Learned NIA counsel makes a further request that all questions raised by NIA in the captioned Crl. A. may please be left open for being canvassed in another matter if need arises. Learned counsel for NIA submits that A-8 (respondent) can remain enlarged on bail but requests that it may be made clear that it would be open to NIA to seek cancellation of bail qua respondent (A-8) if the need arises/if there are change of circumstances. [12] The above scenario makes the task of making a closure order in captioned Crl.A. at hand fairly simple. [13] The sequitur is, captioned appeal is disposed of as closed vide instant consent order, refraining from the legal drill of testing the impugned P a g e 5 | 6 order on merits. To put it differently, the impugned order i.e., order 10.10.2023 made in Criminal Misc. (B) Case No. 96 of 2023 on the file of Court of Special Judge (NIA), Manipur is confirmed by consent {without testing it on merits} albeit (a) leaving open all questions raised by NIA as well as the respondent in the captioned criminal appeal for being canvassed in another matter if need arises; (b) leaving open the right of NIA to seek cancellation of bail vide impugned order if the need arises/if there is change of circumstances and preserving the rights of respondent to resist the same (if such a scenario unfurls) and (c) making it clear that the said NIA Court shall now proceed with Trial in Special Trial (NIA) Case No. 1 of 2020 on the file of Court of Special Judge (NIA), Manipur, now Special Trial (NIA) Case No. 3 of 2025 on the file of District & Sessions Court, Imphal West. on its own merits and in accordance with law untrammeled by instant consent order. [14] Captioned criminal appeal is disposed of as closed in the aforesaid manner affirming the impugned bail order (albeit with afore referred preservation of rights of both sides and observations set out supra), vide instant consent order. There shall be no order as to costs. JUDGE CHIEF JUSTICE FR/NFR Sushil P.S. I : Upload forthwith. P a g e 6 | 6 P.S. II : All concerned will stand bound by web copy uploaded in High Court website inter alia as the same is QR coded.