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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
DEEPAK SIBAL, LAPITA BANERJI
Jagwinder Singh @ Jagga – Appellant
Versus
National Investigating Agency – Respondent
JUDGMENT :
Lapita Banerji, J.
The appellant-Jagwinder Singh @ Jagga, has challenged the order dated June 06, 2024, passed by Special Judge, NIA, Punjab, SAS Nagar, Mohali, whereby his bail application in FIR No.136 of August 14, 2020 registered under Section 120-B read with Sections 109, 124-A, 153-B, 201, 204, 212 of Indian Penal Code (hereinafter referred to as 'IPC'), Sections 10,13 of The Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as 'the UAPA') and Section 2 of Prevention of Insults to National Honours Act, 1971 (hereinafter referred to as 'the POINTH Act') at Police Station City Moga, has been dismissed.
PROSECUTION'S CASE
2. On August 14, 2020, at about 8:00 am, two people entered the administrative complex of the Deputy Commissioner's office, Moga. They went to the top floor of the office building and hoisted one saffron/ yellowish colour flag on which the word 'KHALISTAN' was written, on an iron pole that was already fixed there. Upon returning to the ground floor, they went to the pole on which Indian National flag was fixed within the office complex of D.C office, Moga and cut its rope due to which the flag fell on the ground.
3. FIR No.136 dated 14.0
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 mandates consideration for bail under Article 21, emphasizing the need for sufficient evidence linking the accused to criminal conspiracy under the UAPA.
Prolonged custody without trial can violate the right to speedy trial, justifying bail under UAPA despite serious allegations.
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....
Long custody without trial can justify bail under UAPA, emphasizing the right to speedy trial under Article 21 of the Constitution.
Long custody can justify bail under UAPA, emphasizing the right to a speedy trial as per Article 21.
Using as genuine a forged document or electronic record - Bail granted - Clause (b) of section 21(4) of MCOC Act it becomes evident that it contains an interdict against grant of bail unless Court sa....
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