NARINDER LAL SETH Vs. STATE

JUDGEMENT

(1.) The petitioner has filed the present application under Section 439 of the Code of Criminal Procedure for grant of bail. He is undergoing trial for offences under Sections 3, 5 and 9 of the Official Secrets Act of 1923 read with Section 120-B of the Indian Penal Code.

(2.) The petitioner was arrested on 23rd August 1989 on the basis of a complaint lodged against him by the Deputy Commissioner of Police (Special Branch), New Delhi. Thus, the petitioner is in custody for nearly five years. The charge was framed on 4th April 1990 and since then the case is proceeding in prosecution evidence which has not been completed so far.

(3.) The present application was moved about two years ago and has been pending since then. The learned counsel for the petitioner has sought bail on the following ground- (a) the petitioner has been in custody for nearly five years and the trial is yet to take long time before it can be concluded : (b) various tragedies have befallen the family of the petitioner since his arrest and his family is in total shambles : (c) no case is made out against the petitioner. In the alternative it is urged that at best the petitioner can be convicted for offence under Section 5 of the Official Secrets Act for which the maximum punishment is three years. The petitioner is already behind bars for nearly five years.