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2023 Supreme(P&H) 1496

LALIT BATRA, HARINDER SINGH SIDHU
Manjeet Singh – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
For the Parties : Mr. Mitul Singh Rana, Mr. Mohit Kapoor AAG, Punjab

Table of Content
1. overview of the case and charges (Para 1 , 2)
2. arguments for and against bail due to sanction issues (Para 3 , 4 , 5)
3. court’s reference to precedents on sanction and bail (Para 6 , 8 , 10 , 11 , 13 , 15 , 17 , 18)
4. mandatory nature of sanction and time limits under the ua(p) act (Para 14 , 19 , 21 , 23 , 28)
5. interim bail directive on failure to grant sanction (Para 36 , 40 , 41)

Judgment

Mr. Harinder Singh Sidhu, J.

By filing this appeal, Manjeet Singh, has challenged the order dated 29.11.2022 passed by Additional Sessions Judge, Jalandhar, whereby, his application for grant of default bail under Section 167 (2) Cr.P.C. was dismissed.

2. FIR No.76 dated 15.06.2022 under Sections 124-A, 153-A, 153-B read with Section 120-B IPC and Section 13 of the Unlawful Activities (Prevention) Act, 1967 (amended, 2012) {for short ‘UA(P) Act’} and Section 3 of Prevention of Defacement of Property Act, 1985 {for short ‘PDPA, 1985’}, Police Station Division No.3, Jalandhar was registered against some unknown persons for writing ‘Khalistan Zindabad’ with black paint on the wall outside the office of one Gulshan Sharma. The appellant, who had been lodged in District Jail Karnal

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