VINOD KUMAR JHA Vs. C B I

JUDGEMENT

(1.) Petitioner is one amongst the many persons accused in afore- noted case.

(2.) He seeks bail, inter alia, alleging that he has remained in judicial custody since 6.4.2006 and till date arguments on charge have not been advanced. It is stated by the petitioner that as per charge sheet filed, gravement of the allegations against the petitioner are as detailed in para 89 of the charge sheet. It is submitted that according to the prosecution, petitioner has committed an offence under Section 5 of the Official Secrets Act, 1923. It is urged that the offence of which the petitioner is charged, if proved, entails a punishment of imprisonment upto a maximum period of 3 years with fine or with both.

(3.) In a nutshell, what is urged by the petitioner is that since half the maximum period of detention has already been undergone at the trial stage by the petitioner and there is no likelihood of the trial being completed in the near future, considering that he is charged of the offence under Section 5 of the Official Secrets Act, 1923, case is made out for release of the petitioner on bail.