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2024 Supreme(Del) 964
IN THE HIGH COURT OF DELHI AT NEW DELHI
PRATHIBA M. SINGH, AMIT SHARMA, JJ.
Jagtar Singh Johal @ Jaggi - Appellant
Versus
National Investigation Agency - Respondent
Crl.A. 493 of 2023 & Crl.M.A.16870 of 2023, CRL.A. 538 of 2023 & CRL.M.A. 17982 of 2023, CRL.A. 539 of 2023 & CRL.M.A. 17983 of 2023, CRL.A. 540 of 2023 & CRL.M.A. 17984 of 2023, CRL.A. 541 of 2023 & CRL.M.A. 17985 of 2023, CRL.A. 577 of 2024
Decided on : 18-09-2024
For the Appellant :Mr. Paramjeet Singh, Advocate.
For the Respondent: Mr. S.V. Raju, ASG with Ms. Shilpa Singh, Spl. PP N.I.A with Ms. Zeena Malick, PP, Mr. Nishchay Johri, Adv., Mr. Ram Gopal. Dy. SP N.I.A, Mr. Pawan Singh Rana, Consultant & Mr. Manoj Kumar Yadav, Insp. N.I.A.
Bail under UAPA is an exception; serious charges and prima facie evidence against the accused justify denial of bail.
Headnote:(A) National Investigation Agency Act, 2008 - Section 21(5) - Unlawful Activities (Prevention) Act, 1967 - Sections 16, 17, 18, 18A, 18B, 20, 21, 23 - Arms Act, 1959 - Sections 25, 27 - Bail applications rejected in multiple FIRs related to transnational conspiracy and targeted killings - The Appellant's role as a financier in a conspiracy to destabilize law and order in Punjab was established - The Court emphasized the serious nature of the charges and the prima facie evidence against the Appellant, including his connections to the Khalistan Liberation Force - The delay in filing appeals was treated as fresh filing due to non-compliance with procedural rules. (Paras 6, 12, 81, 82)
(B) Bail - Under UAPA - The Court reiterated that bail is an exception and jail is the rule in cases involving serious charges under UAPA - The Appellant's potential to influence witnesses and the gravity of the charges were significant factors in denying bail. (Paras 60, 78, 80)
JUDGMENT :
Prathiba M. Singh, J.
1. This hearing has been held through hybrid mode.
2. The present batch of seven appeals filed by the Appellant-Jagtar Singh Johal @ Jaggi, arise out of five impugned orders dated 7th September 2022 and two impugned orders dated 25th April, 2024, in separate cases, passed by the N.I.A Special Court respectively. By the said impugned orders, the applications of the Appellant seeking bail in all seven matters have been rejected.
BACKGROUND:
3. The present appeals arise from a series of connected murders and attempt to murders that took place during the latter half of 2010 in Ludhiana and Jalandhar districts of Punjab. Following these incidents, the Punjab police filed ten First Information Reports (hereinafter ‘FIRs’) against various persons including the Appellant. The State, upon identifying these murders and attempt to murders to be a part of a transnational conspiracy that intended to destabilise the law and order situation in Punjab, transferred a batch of connected FIRs to National Investigation Agency (hereinafter ‘N.I.A’).
4. The N.I.A then re-registered the transferred FIRs. Upon investigation, charge sheets were filed in the respective cases before the N.I.A Special Court and the trials are now in progress. Meanwhile, applications for bail were made by the Appellant/Accused No.6. The same were rejected by the Special Court in seven cases vide the orders dated 7th September 2022 and 25th April, 2024. The details of the said cases and the relevant orders are set out in the table below:
| S. No | RC and FIR No. | Provisions in RC | Impugned order and Status of Trial | Appeal |
| 1. | RC No. 27/2017/N.I.A /DLI FIR No 06/2017 – PS Division 8 Ludhiana Punjab | ● Sec. 120-B, 302, 34. 379. 416 IPC, ● Sec. 16, 17, 18, 18A, 18B, 20, 21 and 23 of UAPA, 1967 ● S.25 & 27 of the Arms Act, 1959 | Order dated 25.04.2024 by Chander Jit Singh, ASJ-3, Patiala House Court, Delhi 8.in SC No. N.I.A/07/2022. Prosecution examination in progress | Crl.A. 569/2024 |
| 2. | RC No. 07/2019/N.I.A /DLI FIR No 113/2017 PS Division – 04, Jalandhar District Punjab | ● Sec. 120-B, 302, 34, 379, 416 of IPC ● Sec. 16, 17, 18, 18A, 18B, 20, 21 and 23 of UAPA. ● Sec. 25 & 27 of the Arms Act, 1959 | Order dated 25.04.2024 by Chander Jit Singh, ASJ-3, Patiala House Court, Delhi in SC No. N.I.A/07/2022. Prosecution examination in progress | Crl.A. 577/2024 |
| 3. | N.I.A RC No.18/2017/N.I.A/DLI FIR No. 442/2017 PS Salem Tabri district Ludhiana Punjab | ● Sec.120B/ 302/ 34/ 379/ 416 IPC, R/W. ● Sec.16/ 17/ 18/ 18A/ 18B/ 20/ 21 & 23 UAPA & ● Sec.25/27 Arms Act | Order dated 07.09.2022 by the Special Judge, Parveen Singh ASJ- 3, Patiala House Court. Prosecution examination in progress | Crl.A. 493/2023 |
| 4. | RC 22/2017/N.I.A /DLI FIR No 218/2017 PS Salem Tabri district Ludhiana Punjab | ● Sec.120B/302/34/3 79/416 IPC, R/W. ● Sec.16/ 17 /18/ 18A/ 18B/ 20/ 21 & 23 Of UAPA & ● S.25/27 of the Arms Act | Order dated 07.09.2022 by the Special Judge, Parveen Singh ASJ- 3, Patiala House Court. Prosecution examination in progress | Crl.A. 538/2023 |
| 5. | RC- 26/2017/N.I.A /DLI. FIR No 7/2016 PS Division- 2, Ludhiana, Punjab | ● Sec.120B/302/34/3 79/416 IPC, R/w. ● Sec.16/17 /18/18A/ 18B/20/21 & 23 Of UAPA & ● Sec.25/27 of the Arms Act | Order dated 07.09.2022 by the Special Judge, Parveen Singh ASJ- 3, Patiala House Court. Prosecution examination in progress | Crl.A. 539/2023 |
| 6. | RC- 23/2017/N.I.A /DLI FIR No 13/2017 PS Maloud District, Khanna Punjab | ● Sec.120B/302/34/3 79/416 IPC, R/w ● Sec.16/17 /18/18A/ 18B/20/21 & 23 Of UAPA & ● Sec.25/27 of the Arms Act | Order dated 07.09.2022 by the Special Judge, Parveen Singh ASJ - 3, Patiala House Court. Prosecution examination in progress | Crl.A. 540/2023 |
| 7. | RC- 25/2017/N.I.A /DLI FIR No 119/2016 PS City Khanna Punjab | ● Sec.120B/302/34/3 79/416 IPC, R/w. ● Sec.16/17 /18/18A/ 18B/20/21 & 23 of UAPA & ● Sec.25/27 of the Arms Act | Order dated 07.09.2022 by the Special Judge, Parveen Singh ASJ- 3, Patiala House Court. Prosecution examination in progress | Crl.A. 541/2023 |
5. Though these seven appeals arise from similar facts
