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2026 DAILYLAW 10565 (DEL)

MOHAMED ALI JINNAH v. NATIONAL INVESTIGATION AGENCY

CRL.A./400/2026 · 2026-06-03

Amit Sharma, Saurabh Banerjee

body2026

Judgment text

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$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 400/2026 MOHAMED ALI JINNAH .....Appellant Through: Mr. TrideepPais, Sr. Adv. Mr. Mobin Akthar, Mr. A. Nowfal, Ms. Sakshi Jain, Ms. S. Abinaya, Mr. Mansoor Ali, Advs. versus NATIONAL INVESTIGATION AGENCY .....Respondent Through: Mr. Rahul Tyagi, SPP, NIA with Mr. WaliaVikas, ASPP, Mr. Jatin, ASPP, Mr. Shubham Goyal, Mr. Amit Rohilla, Advs. CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE HON'BLE MR. JUSTICE AMIT SHARMA O R D E R % 03.06.2026 1. By virtue of the present appeal under Section 21(4) of the National Investigation Agency, Act, 2008, the appellant seeks setting aside of the order dated 09.04.2026, passed by the learned ASJ-03, Patiala House Courts, New Delhi, whereby his application for grant of interim bail has been dismissed. 2. Briefly put, the appellant is seeking grant of interim bail for a period of one month in proceedings arising out of FIR No. RC-14/2022/NIA/DLI dated 13.04.2022 registered at PS.: NIA, New Delhi under Sections 120B/153A of This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/06/2026 at 11:38:57 the Indian Penal Code,1860 (IPC) read with Sections 17/18/18B/22B/38/29 of Unlawful Activities Prevention Act, 1967 (UAPA) on the ground that since his second daughter recently completed her Class 12th examinations, he wishes to discuss and guide her for higher education so as to ensure a stable and informed career path for her as also to make necessary financial arrangements qua the same. Furthermore, he also wishes to perform the last rites of his first cousin namely Mydeen Farook. 3. Per contra, learned SPP for the State opposes the present appeal and submits that since the appellant is involved in serious offences and since there are other family members to guide the appellant’s daughter regarding her career as also his presence in performing religious rituals of death of his cousin brother was not warranted, the present appeal being devoid of merit may be dismissed. 4. Considering the overall and exceptional facts and circumstances of the present case, especially since the same involves decisions qua the academic future of the appellant’s daughter, on humanitarian grounds, this Court is inclined to release the appellant by granting custody parole in FIR No. RC-14/2022/NIA/DLI dated 13.04.2022 registered at PS.: NIA, New Delhi under Sections 120B/153A of the Indian Penal Code,1860 (IPC) read with Sections 17/18/18B/22B/38/29 of UAPA for a period of 06 hours on 15.06.2026 excluding the travel time to go to H. No. 6/37A, Periya Pallivasal Street, Panpozhi Post, Senkottai Taluk, Tenkasi District, Tamil Nadu and subject to the following conditions: (i) The appellant shall be permitted to meet his family members between 11:00 AM to 05:00 PM on 15.06.2026 excluding the travel time. All travel arrangements to me made as per the aforesaid timeline. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/06/2026 at 11:38:57 (ii) The appellant shall only meet his immediate family, which would be his parents, wife and children. The appellant shall not meet with anyone else except his immediate family members. (iii) The expenses i.e., the air fare for the appellant and the police personnel travelling with him for the custody parole shall be borne by the appellant. No other remuneration would liable to be paid by the appellant to the police personnel accompanying him. (iv) The appellant shall not be allowed to use any phone either landline or mobile and shall also not be allowed access to the internet. (v) If there is any violation of any condition, the custody parole would be immediately ended. 5. Adequate measures shall be taken for the safety and security at H. No. 6/37A, Periya Pallivasal Street, Panpozhi Post, Senkottai Taluk, Tenkasi District, Tamil Nadu while the appellant is taken there during custody parole. The Jail Authorities shall co-ordinate with the local Police Station and the NIA for maintaining law and order. The State Police shall extend all co-operation required for implementation of this order. 6. Considering the occasion, the Police officials are requested not be in their duty uniform, as also not to handcuff the appellant while taking him home or while being taken back from home. 7. The appellant shall be brought back to Delhi after completion of the custody parole. 8. Let a copy of this order be sent to (i) concerned Jail Superintendent, (ii) concerned Commissioner, Tamil Nadu, Police for necessary information and compliance. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/06/2026 at 11:38:57 9. Accordingly, the appeal alongwith pending application, if any, is disposed of in the above terms. SAURABH BANERJEE, J (VACATION JUDGE) AMIT SHARMA, J (VACATION JUDGE) JUNE 3, 2026/kr This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/06/2026 at 11:38:57