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2022 Supreme(P&H) 969

SURESHWAR THAKUR
Jaspreet Singh Alias Noopi – Appellant
Versus
State Of Punjab – Respondent


Advocates:
Mr. Mitul Singh Rana, Advocate, for the Appellant; Mr. Bhupender Beniwal, AAG, Punjab, for the Respondent.

JUDGMENT

Sureshwar Thakur, J. (Oral) - The instant petition has been filed under Section 482 of Cr.P.C., for grant of default bail, under Section 167(2) of Cr.P.C., read with Section 43(D) of the Unlawful Activities (Prevention) Act, (in short "UAPA") to the present bail petitioner.

2. In FIR No.140 of 04.07.2021, lodged at Police Station City-2 Khanna, District Khanna, offences constituted under Sections of 307, 332, 336, 379-B, 411, 34, 120-B, 473 of IPC, Section 25 of Arms Act, and, besides, under Section 4 of the Explosive Substances Act, besides Sections 16, 17, 18 of UAPA, are embodied.

3. The learned counsels appearing before this Court, do not hold any dispute, with respect to the factum, that in respect of offences carried in the IPC, there may not be any necessity for any prior sanction, being meted by the competent authority, hence for enabling the Court concerned, to then assume valid jurisdiction or take cognizance thereons, whereas, when the apposite FIR, also embodies thereins, besides the offences in the IPC, also offences, under the UAPA, thereupon, as mandated in a judgment made by the Hon'ble Apex Court in case titled as 'Fakhrey Alam V. The State Of Uttar Pradesh

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