ANTHONY ALLEN FLETCHER Vs. STATE

JUDGEMENT

(1.) THIS is an application for bail on behalf of the accused-applicant, Anthony Allen. Frecher, with notice to the State. The application is opposed.

(2.) THE applicant was arrested on 26. 4. 73 from the Waverley Hotel, Calcutta, on charges under Sections 3 and 9 of the Official Secrets Act 1923 and section 120b of the Indian-Penal Code. The investigation is still pending. Applications for bail were made on his behalf before the learned Chief Presidency Magistrate, calcutta as well as the learned Judge, City Sessions court but were rejected. An application for bail was thereafter filed in the High Court from an order passed by the learned Chief Presidency magistrate, Calcutta rejecting bail. Our learned brothers, the Chief Justice and a. K. De, J. by their order dated 25. 9. 73 rejected the prayer but granted liberty to the applicant to make a fresh application for bail after 15. 11. 73. The present application was filed thereafter on 22. 11. 73.

(3.) BEFORE the hearing of the application, mr. Dipankar Gupta, Standing counsel (with Mr. Promode Ranjan Roy, junior Government Advocate) made a prayer under Section 14 of the Official secrets Act, 1923, for excluding the public from the hearing of the application; but the same was strongly opposed by Mr. Amal Dutta, Senior Advocate (with Messrs Alok Kumar Sengupta and s. Dudewalla, Advocates) appearing on behalf of the Accused-Applicant.