ARWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this application under Section 389 Cr.P.C. on behalf of applicants-appellants is for grant of suspension of sentence in case FIR No.82 dated 24.05.2016, under Sections 121 and 121-A IPC and Sections 10 and 13 of the Unlawful Activities (Prevention) Act, 1967, Police Station, Rahon.

(2.) Allegations against the applicants-appellants are that have been inciting people to resort to violence with the objective of waging war against India, with a view to establish an independent State/Nation by the name "Khalistan" by way of liberating the sikhs from India or Indian Rule.

(3.) Learned counsel for the applicants-appellants submits that the applicants-appellants have been falsely implicated in the instant case only on the basis of literature, books and pamphlets recovered and material shared on the facebook by one of the applicants-appellants, namely, Arwinder Singh. He further submits that the entire case of the prosecution revolves around the disclosure statements of the applicants-appellants, which are inadmissible in evidence, as those were recorded in the police custody. The passports so recovered from the applicants-appellants were genuine and the possession of posters/flexes and other material allegedly recovered from the applicantsappellants does not attract the provision of any of the offence. The so called independent witness PW-9 turned hostile.