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G. S. SANDHAWALIA, VIKAS SURI
Amarjeet Singh @ Amar Singh – Appellant
Versus
National Investigation Agency – Respondent
JUDGMENT :
G.S. Sandhawalia, J.
1. The present appeal filed under Section 21 (4) of the National Investigation Agency Act, 2008 (for short 2008 Act') is directed against the order dated 04.02.2021 passed by the Special Judge, NIA, SAS Nagar, Mohali, whereby the bail application of the appellant was dismissed in FIR No. RC- 20/2019/NIA/DLI dated 23.09.2019 {arising out of FIR No.280 dated 05.09.2019 under Section 304 IPC and Sections 4 & 5 of the Explosive Substances Act, 1908 (for short 1908 Act') lodged at Police Station Sadar, Tarn Taran}.
2. The reason as such for the Special Judge to dismiss the bail application, though the name of the applicant was not found in the FIR, but during the course of investigation, as per the case of the prosecution it has come on record that the appellant Amarjeet Singh @ Amar Singh was associated with the pro-Khalistan terrorist gang to support Khalistan movement. On account of his close association with co-accused persons, he had advocated/abetted/advised/incited the commission of terrorist offences and was also associated with the co-accused persons in testing bombs. The prosecution had collected incriminating material during the screening of the d
The main legal point established in the judgment is the interpretation of Section 43-D (5) of the Unlawful Activities (Prevention) Act, 1967, and its application in granting bail to the accused durin....
The duty of the court to examine the entire record to determine if a prima facie case is made out against the accused, especially in cases involving serious charges under special enactments like the ....
The main legal point established in the judgment is the need to balance the legal provisions with the right to speedy trial and the right of the accused to grant of bail, considering the circumstance....
The court established that under the UAPA, particularly Section 43D(5), the standard for denying bail is based on whether the accusations are prima facie true, which requires a careful examination of....
Bail – A Constitutional Court is not strictly bound by prohibitory provisions of grant of bail in 1967 Act and can exercise its constitutional jurisdiction to release an accused on bail who has been ....
(1) Bail – Statutory restrictions, per se, do not oust jurisdiction of Constitutional Courts to grant bail on grounds of violation of Part III of Constitution of India.(2) Mere holding of certain lit....
The court established that involvement with a banned terrorist organization and the collection of levies for such groups constitutes serious offenses under the UA(P) Act, warranting denial of bail wh....
Bail under UAPA Section 43-D(5) denied despite over five years' custody; prima facie material including bank transactions shows direct terror funding involvement, trial progress outweighs delay.
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