LAWS(SC)-2023-5-1

JUDGEBIR SINGH Vs. NATIONAL INVESTIGATION AGENCY

Decided On May 01, 2023
Judgebir Singh Appellant
V/S
NATIONAL INVESTIGATION AGENCY Respondents

JUDGEMENT

(1.) As the issues raised in both the captioned appeals are common and the challenge is also to the self-same order passed by the High Court, those were taken up for hearing analogously and are being disposed of by this common judgment and order.

(2.) These appeals by special leave are at the instance of five under trial accused charged with having committed offences punishable under Sec. 120B of the Indian Penal Code, 1860 (for short, 'the IPC'), Ss. 17, 18, 18B and 20 respectively of the Unlawful Activities (Prevention) Act, 1967 (for short, 'the UAPA') and Ss. 4 and 5 respectively of the Explosive Substances Act, 1908 (for short, 'the 1908 Act') and are directed against the order passed by the High Court of Punjab and Haryana at Chandigarh dtd. 26/4/2022 in CRA-D No. 47 of 2021 (O&M) by which, the High Court dismissed the appeal and thereby declined to release the accused persons on default bail under Sec. 167(2) of the CrPC.

(3.) The seminal issues falling for the consideration of this Court may be formulated as under:-