Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DEEPAK SIBAL, LAPITA BANERJI
Ashish Kumar – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
LAPITA BANERJI, J.
The appellant, namely Ashish Kumar, has challenged the order dated January 08, 2024, passed by Additional Sessions Judge, SAS Nagar, Mohali, whereby his bail application in FIR No.02 of 05.02.2020 registered under Section 120-B of Indian Penal Code (hereinafter referred to as “IPC”), Section 25 of the Arms Act, Sections 10,13,18,20 of The Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as “the UAPA”), at Police Station State Special Operation Cell, District SAS Nagar, Mohali, has been dismissed.
2. Learned counsel for the appellant submits that although it has been alleged that the accused-appellant was involved in unlawful activities under the UAPA, but except for alleged recovery of one .30 bore pistol along with 04 live cartridges, no other incriminating material was alleged to have been recovered from him which could connect or link him to any offence under the UAPA. Apart from the purported statements of chance witnesses- Kulwinder Singh @ Kala, Amrik Singh and Nishant Sharma, there was no evidence collected by the prosecution to connect the appellant to commission of any crime, more so to an offence under the UAPA. Furthermore, he
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 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.
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.
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 detention without trial infringes the right to life and liberty, allowing for bail despite statutory restrictions under UAPA.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
