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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DEEPAK SIBAL, LAPITA BANERJI
Jagwinder Singh @ Jagga – Appellant
Versus
National Investigating Agency – Respondent
| Table of Content |
|---|
| 1. factual background of the case against the appellant. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments presented by both parties regarding the bail application. (Para 6 , 7 , 8) |
| 3. court's analysis of legal standards related to bail under uapa. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 4. the rationale for granting bail to the appellant. (Para 24) |
| 5. final order regarding the appellant's bail. (Para 25) |
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 o
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.
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 custody without trial can violate the right to speedy trial, justifying bail under UAPA despite serious allegations.
Long custody without trial can justify bail under UAPA, emphasizing the right to speedy trial under Article 21 of the Constitution.
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