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JASGURPREET SINGH PURI
Dalip Sharma @ Sunny @ Guzzar – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Jasgurpreet Singh Puri, J. (Oral)
This is the third petition filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the petitioner in case bearing FIR No.12 dated 25.02.2022, under Sections 3 & 4 of the Official Secrets Act, 1923 and Section 120-B IPC, registered at Police Station Sadar Pathankot, District Pathankot.
2. It has been submitted by learned counsel for the petitioner that this is the third successive bail petition filed by the petitioner and the earlier two petitions were dismissed as withdrawn on 08.09.2022 vide Annexure P- 7 and 17.04.2023 vide Annexure P-9. He further submitted that the petitioner is in custody from 12.05.2022 which is almost 1 year 7 months and 26 days. He also submitted that the petitioner was earlier involved in one case under the NDPS Act but he has since been acquitted in that case on 29.07.2021 and the police has planted the present case upon the petitioner in view of the fact that earlier he was involved in one case under the NDPS Act. He further submitted that it is a case where an FIR was registered against one Navjot Singh on the ground that he was passing on secret information to Pakistan while h
Cognizance under the Official Secrets Act requires approval from the appropriate government, and failure to obtain such approval renders the charges without authority of law.
Bail for offences under the Official Secrets Act is not granted lightly when serious allegations of espionage and substantial evidence exist against the accused.
Disclosure statements of co-accused are inadmissible against another accused unless corroborated by additional evidence.
Amendment in Section 45 by the Finance Act 2018 is only with respect to substituting the term ‘offence punishable for 3 years’ with ‘offence under this Act.
Bail may be granted if the accused is named in a co-accused's disclosure statement without corroborative evidence, especially after substantial custody time, aligning with the right to a speedy trial....
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