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SURESHWAR THAKUR, KULDEEP TIWARI
Baljit Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Sureshwar Thakur, J.
1. The instant appeal as constituted under the provisions of Section 21 of the National Investigation Agency Act, 2008, is directed against the impugned order drawn on 20.11.2023, whereby the learned Additional Sessions Judge, Moga proceeded to decline the claimed facility of interim bail to the present appellant.
Factual Background
2. On 06.01.2022, a police party headed by SI Gurtej Singh was present at Canal bridge link road Mehna, for patrolling and nakabandi. After some time, a black colour vehicle bearing No. PB04AC-2831 was seen coming from the side of Chugawan, in which three persons were sitting. SI Gurtej Singh signalled them to stop the vehicle. However, the said persons did not stop and tried to flee away while running over the barricades but they were stopped by the members of the police party. As soon as the vehicle stopped, three persons sitting inside came out. The person who was sitting on the driver seat was armed with pistol, whereas the person sitting on the rear seat was having a hand grenade in his hand. The person holding pistol pointed out his pistol towards the police party with intention to kill and the person holding hand grena
The court established that interim bail cannot be granted under the NIA Act or UAPA in the absence of statutory provisions allowing for such relief.
The main legal point established is the entitlement to default bail under Section 167(2) Cr.P.C. and the legislative mandate that offences under the Unlawful Activities (Prevention) Act, 1967 are to ....
Bail under Section 43D(5) of the UAPA cannot be granted solely due to trial delay; it requires examination of prima facie case merits.
The right to default bail under Section 167(2) Cr.P.C is an indefeasible right once the statutory period for filing the charge sheet/challan has lapsed, and offences under UAPA are to be tried exclus....
The fundamental right to default bail under Section 167(2) of Cr.P.C. is granted to an accused person once the conditions are fulfilled, and the lack of mandatory prosecution sanction for UAPA offens....
The court ruled that vague allegations against multiple accused do not justify denial of bail, especially when co-accused have been granted bail under similar circumstances.
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.
The court held that prolonged pre-trial detention without significant evidence warrants bail under Article 21, emphasizing the right to a speedy trial. Serious allegations alone do not justify denial....
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