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ANUPINDER SINGH GREWAL, LAPITA BANERJI
Rameez Raja – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Mr. Anupinder Singh Grewal, J.:-The appellant has challenged the order dated 21.04.2023 passed by the Additional Sessions Judge, Pathankot whereby his bail application in FIR No.116 dated 11.06.2020, registered under Section 25 of Arms Act, 1959 & Sections 3, 4, 5 of Explosive Substances Act, 1908 and 13, 17, 18, 18-B, 20 of the Unlawful Activities (Prevention) Act, 1967 [for short, UAPA’], at Police Station Sadar Pathankot, has been dismissed.
2. Learned counsel for the appellant, inter alia, submits that the appellant was confined in jail in Jammu and Kashmir as undertrial when he was involved in the instant case. The allegations against him are that he was in touch with the co-accused and a Pakistani national through Conion Application. He is alleged to be involved in several anti-national activities including arrangement of financial aid. He, however, submits that no recovery of any arm and ammunition or any other incriminating material has been effected from him. The allegations pertaining to the aforenoted electronic evidence are unsubstantiated and no such evidence in the form of transcripts were produced on record. He also submits that sanction under Section 45 of
Long custody without trial can justify bail under UAPA, emphasizing the right to speedy trial under Article 21 of the Constitution.
Prolonged custody without trial can violate the right to speedy trial, justifying bail under UAPA despite serious allegations.
Long custody can justify bail under UAPA, emphasizing the right to a speedy trial as per Article 21.
Prolonged pre-trial detention mandates consideration for bail under Article 21, emphasizing the need for sufficient evidence linking the accused to criminal conspiracy under the UAPA.
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....
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.
Prolonged pre-trial detention can justify bail under Article 21, emphasizing individual liberty rights even amidst stringent statutory limits.
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