The right to speedy trial and the duration of custody are essential factors in granting bail under the UAPA Act. The embargo under Section 43-D of the UAPA Act does not negate the court's power to grant bail based on the violation of Article 21 of the Constitution.

JUDGMENT

Vinod S. Bhardwaj, J. (Oral). - The instant petition has been filed under Section 439 of the Code of Criminal Procedure (hereinafter referred to as 'CrPC') for grant of regular bail to the petitioners in case FIR No.46 dated 31.05.2018 under Sections 307, 438, 427, 148 and 149 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC'); Sections 121, 121-A, 122, 124-A, 115 and 120-B of the IPC, 1860; Sections 11, 12, 13, 17 and 18 of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as 'UAPA Act'); Sections 25/54/59 of the Arms Act, 1959 and Section 66-F of the Information and Technology Act, 2000 added later on, registered at Police Station Rangar Nangal, District Batala.

2. Learned counsel for the petitioners has contented that as per the case of the prosecution, the FIR in question was initially registered on the statement of one Sartaj son of Kunj Lal, who was working as salesman in the liquor store of Balraj Singh. It is claimed that when he was sleeping in the liquor shop at Dhariawal (Adda Pandoi) on 30.05.2018 at about 3:30 a.m., some persons set the room of the liquor shop on fire by sprinkling petrol. He came out of the room and saved his life. The unidentified assailants ran away from the spot and an attempt had been made by the said assailants to kill the complainant after setting the room of the liquor shop on fire. Learned counsel contends that the petitioners have been roped in the present case on the basis of an alleged secret information that the petitioners have some link with an illegal organization and the said organization is aiding them financially in executing various illegal and unlawful activities. The petitioners were thereafter arrested on 01.06.2018 on the strength of the said secret information. He contends that the investigation in the case was completed on 16.11.2018 and a final report under Section 173 CrPC was filed, whereafter, the trial Court proceeded to frame charges punishable under the Sections as afore- stated, including Section 124-A IPC.

3. Learned counsel argues that as per the allegations and the evidence collected by the prosecution during investigation of the case, the petitioners are alleged to be members of various WhatsApp groups and that upon arrest of the petitioners recovery of.32 bore revolver along with three live cartridges, two live cartridges of.315 bore, Rs.40,000/- currency notes, 110 posters of Sikhs for Justice, three forms of Khalistan Zindabad, 01 board containing Punjab Referendum 2020, fiber-sheet, 5 spray, two mobile phones and one box with brush etc., was effected from petitioner No.1, while.22 bore pistol along with 03 cartridges was recovered from petitioner No.2. It is contended that upon consideration of the material recovered, the offences under the Unlawful Activities (Prevention) Act, 1967, would not be made out and at best, it would a case under the Arms Act, 1959. He further contends that despite conclusion of investigation, there is no material available with the investigating agency as would establish any link of the petitioners to any unlawful activities or unlawful association formed by the petitioners.

4. It is further argued that the order framing charge has been challenged by the petitioners by means of filing Criminal Revision No.1798 of 2019, in which further proceedings have been stayed before the trial Court vide order dated 23.01.2020. He thus contends that the trial was not proceeding and currently the Hon'ble Supreme Court, vide its order dated 11.05.2022 passed in S.G. Vombatkere Vs. Union of India, in W.P.(C) 682/2021 passed on 11.05.2022 has decided to re-examine and re-consider the provisions of Section 124-A of the IPC and has further directed that all pending trials, appeals and proceedings with respect to the charge framed under Section 124-A IPC be kept in abeyance and adjudication with respect to the other Sections, if any, be proceeded with. It is further directed by the Hon'ble Supreme Court t