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G. S. SANDHAWALIA, RAJESH BHARDWAJ
Chandeep Singh @ Gabbar Singh – Appellant
Versus
National Investigation Agency – Respondent
JUDGMENT
G.S. Sandhawalia, J. - The present appeal, filed under Section 21 of the National Investigation Agency Act, 2008 (for short, the 2008 Act'), is directed against the order dated 12.01.2023 whereby the bail application was dismissed by the Special Judge, NIA Court, SAS Nagar Mohali, Punjab in RC No.20/2019/NIA/DLI dated 23.09.2019 arising out of FIR No.280 dated 05.09.2019. The said FIR had been lodged under Sections 304, 153-A and 120-B IPC and Sections 13, 18, 18A, 18B, 20, 23 of the Unlawful Activities (Prevention) Act, 1967 (for short, the 'UAPA Act') and Sections 3, 4 & 5 of Explosive Substance Act, 1908, initially lodged at Police Station Sadar, Tarn Taran. The FIR thereafter was lodged by the NIA on 23.09.2019 on the information being received by the Central Government on account of the gravity of the offence and the national and international linkages which were required to be looked into by the NIA.
2. The applicant-Chandeep Singh @ Gabbar Singh (A-4), though not named in the FIR, had been arrested at a later stage of the investigation in the case of 15.09.2019 by the Punjab Police due to his associated role and accordingly, has been held not entitled for concession o
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 interpretation of Section 43-D (5) of the Unlawful Activities (Prevention) Act, 1967, and its application in granting bail to the accused durin....
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 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.
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....
(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 ruled that prima facie evidence justifies the rejection of bail for accused involved in serious offenses under UAPA, emphasizing the need to balance individual rights with public safety.
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