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2024 Supreme(SC) 104

M. M. SUNDRESH, ARAVIND KUMAR
Gurwinder Singh – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Satya Mitra, AOR
For the Respondent(s): Mr. Vivek Jain, D.A.G. Mr. Karan Sharma, AOR Mr. Tushar Mehta, Solicitor General (NP) Mr. Suryaprakash V Raju, A.S.G. (NP) Mr. Kanu Agarwal, Adv. Mr. Annam Venkatesh, Adv. Mr. Mayank Pandey, Adv. Mr. Arvind Kumar Sharma, AOR

JUDGMENT :

ARAVIND KUMAR, J.

1. Leave granted.

2. The present appeal impugns the order dated 24.04.2023 passed by the High Court of Punjab and Haryana at Chandigarh in CRA-D No. 144 of 2022 (O&M) whereby the High Court has upheld the order dated 16.12.2021 passed by the Special Judge, NIA Court, SAS Nagar, Mohali in an application filed under Section 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.) filed by the Appellant herein-Gurwinder Singh along with other co-accused seeking regular bail in NIA Case RC.19/2020/NIA/DLI, registered under Sections 124A, 153A, 153B, 120-B of the Indian Penal Code, 1860 (IPC), Sections 17, 18, 19 of the Unlawful Activities (Prevention) Act, 1967 (UAP Act) and Sections 25 and 54 of the Arms Act, 1959, which came to be rejected.

3. The factual matrix relevant to dispose the present petition are summarized as under:

    3.1 On 19.10.2018, Sh. Varinder Kumar, Inspector, CIA Staff, received secret information that two persons are hanging cloth banners on which “Khalistan Jindabad” and “Khalistan Referendum 2020” was written, at Pillars Kot Mit Singh Flyover, Amritsar. The Police team apprehended one Sukhraj Singh @ Raju and Malkeet Singh @ Meetu on the spot

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