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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JAGMOHAN BANSAL, J.
Gursant Singh – Appellant
Versus
State through National Investigation Agency – Respondent
CRA-D No. 226 of 2023
Decided On : 12-07-2024
Bail - Criminal Procedure - Cr.P.C. Sections, UAPA Sections, NDPS Act Sections - The court emphasized the principle that bail should not be denied as punishment, highlighting the importance of personal liberty and the right to a speedy trial, while interpreting the stringent provisions of UAPA and NDPS Act.
Fact of the Case:
Four appellants sought regular bail after being in custody for nearly four years on serious charges under UAPA, NDPS Act, and IPC. They argued that the prolonged detention violated their right to a speedy trial and that the evidence against them was insufficient.
Finding of the Court:
The court found that the appellants had been in custody for an extended period without a reasonable prospect of trial completion, and that the allegations against them were not sufficiently substantiated to deny bail, especially given the lack of recovery of narcotics from most appellants.
Issues: Whether the appellants are entitled to bail considering the serious charges against them under UAPA and NDPS Act, and the implications of their prolonged detention on their fundamental rights.
Ratio Decidendi: The court held that the right to a speedy trial is fundamental, and prolonged detention without trial can lead to bail being granted, especially when the evidence is not compelling enough to justify continued incarceration.
Result: The appeals for regular bail were allowed, and the appellants were directed to be released on bail subject to certain conditions.
JUDGMENT :
JAGMOHAN BANSAL, J.
1. By this order, we are going to adjudicate question of release of four persons on regular bail who are languishing in the dungeon for last four years.
At the outset, we deem it appropriate to notice remarkable words of two Judge Bench of Supreme Court in a recent judgment dated 03.07.2024 passed in Javed Gulam Nabi Shaikh v. State of Maharashtra and another, Criminal Appeal No. 2787 of 2024. Hon’ble Bench has observed that criminals are not born out but made. The human potential in everyone is good so never write off any criminal as beyond redemption. This humanist fundamental is often missed when dealing with delinquents, juvenile and adult. Indeed, every saint has a past and every sinner a future. Over a period of time, the Trial Courts and High Courts have forgotten a very well settled principle of law that bail is not to be withheld as a punishment.
2. By this common order, above captioned four appeals which are arising out of same FIR/R.C. as well as police report under Section 173 of Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) are hereby adjudicated. The appellants are seeking setting aside of orders passed by learned Special Judge and further regular bail in a case bearing RC No. 23/2020/NIA/DLI dated 08.05.2020.
3. The appellants filed applications seeking regular bail before learned Special Judge, NIA, Punjab, SAS Nagar, Mohali who vide impugned orders dated 27.01.2023, 09.03.2023, 23.02.2023 and 18.04.2023 dismissed applications of present appellants and in terms of Section 21 of National Investigation Agency Act, 2008, the appellants have preferred present appeals before this Court. All the appellants are accused in same police report, however, allegations against all the appellants are different and different set of provisions of Indian Penal Code (for short ‘IPC’), Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) and Unlawful Activities (Prevention) Act, 1967 (for short ‘UAPA’) have been invoked.
Brief Facts:
4. On 25.04.2020, Amarnath Inspector, Police Station Sadar, Amritsar received an information that one Hilal Ahmed Shergojari S/o Abdul Samad who is an active member of Hizb-ul-Mujahideen and a close accomplice of Riyaz Ahmed Naikoo, Area Commander of Hizb-ulMujahideen, District Pulwama, is present with his accomplice to collect funds on a truck bearing Registration No. JK-03-F-2261.
5. On the basis aforesaid information, an FIR was registered under Sections 10, 11, 13, 17, 18, 20, 21 of UAPA. A police team arrested Hilal Ahmed Shergojari along with 29 Lakhs. The Government of India, Ministry of Home Affairs, CTCR Division vide order dated 06.05.2020 directed National Investigation Agency (for short ‘NIA’) to register a case and take up investigation. Pursuant to direction dated 06.05.2020 of Government of India, the respondent-NIA re-registered afore-stated information as RC under different Sections of UAPA and initiated investigation.
6. The respondent after completing investigation, filed police report (NIA has titled it as ‘charge-sheet’) against different persons alleging commission of crime punishable under different Sections of IPC, NDPS and UAPA. The respondent further filed supplementary charge sheet dated 05.01.2020 against few more persons who are alleged to have committed crime punishable under different Sections of IPC, NDPS and UAPA. As per original charge sheet and supplementary charge sheet, there are 11 accused identified as A-1 to A-11. The present appeals seeking regular bail have been filed by Gursant Singh @ Gora @ Gajni (A-9), Manpreet Singh @ Mann (A 14), Hilal Ahmad Shergoji @ Hilal Ahmad Wagay @ Hilal Ahmad (A-1) and Bikram Singh @ Bikramjit Singh @ Vicky (A-2)
7. The respondent-NIA filed police report in 2020, however, charges came to be framed by order dated 16.05.2024 that too after interim order dated 26.04.2024 passed by this Court, noticing that applications for discharge were pending since 02.12.2021.
8. As per the char
Prolonged detention without trial can violate the right to personal liberty, warranting bail even under stringent laws like UAPA and NDPS Act when evidence is insufficient.
Bail – Section 436-A of Cr.P.C. does not exclude offences under NDPS Act – Deprivation of personal liberty without ensuring speedy trial is not consistent with Article 21.
(1) Bail – Statutory restrictions would not come in way of Constitutional Court from granting bail to accused if it finds that right of accused under Article 21 of Constitution of India has been infr....
Prolonged detention without trial can violate the right to a speedy trial, qualifying an accused for bail under Article 21, despite serious charges linking them to anti-national activities.
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