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1988 Supreme(SC) 433

A.P.SEN, B.C.RAY
State Of Punjab – Appellant
Versus
Kewal Singh – Respondent


(1) IN this appeal by special leave, the only question involved is as to legality and propriety of the order passed by a learned Single Judge of the Punjab & Haryana High court dated 4/01/1988 directing the release of the respondent-accused persons on bail.

(2) AT about 6.45 a.m., on 3/10/1986 five/six persons wearing police uniforms came in a jeep No. PAT 471 entered the GOs Mess at Jalandhar and made attempt on the life of Shri J.F. Ribeiro, the then Director-General of Police who along with his wife Smt. Ribeiro was having a stroll in the lawn. In the encounter that followed two police per- sonnel, keeping guard at the Mess, lost their lives. The accused persons ultimately escaped after an encounter by Firing shots. The Designated Court, Jalandhar by its order dated 20/03/1987 granted bail to the accused Kulwant Singh on the ground that no role was attributed to him and it could not be said at that stage, if an offence under S. 3 and 4 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 was made out against him. It, however, rejected the application for bail filed by the remaining accused persons. Thereupon, the respondents moved the High court under

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