VIDYA SAGAR BULAQI RAM Vs. STATE

JUDGEMENT

(1.) THE petitioner, Vidya Sagar, resident of Patiala, was arrested on 28th August, 1961, on the allegation that on 16th August, 1961, he had made a speech in the gurdawara Sri Dukh Niwaran Sahib, Patiala, which disclosed an offence under section 6 (2) of the Criminal Law (Amendment) Act 30 of 1960. The case against him was registered at the Civil Lines Police Station, Patiala, on 19th of August, 1961m vide first information report No. 83. During all these days the case has not been put in Court and the petitioner has been in custody. Now, he applies for being admitted to bail.

(2.) IT is contended on behalf of the petitioner that even on the allegations contained in the first information report no offence under Section 6 (1) of the criminal Law (Amendment) Act, 1960, is disclosed, and the continued detention of the petitioner without ever putting the case in Court was abuse of the process of law as the authorities are anxious to keep him in custody by hook or crook being aware of the fact that his ultimate conviction even on the allegations made by the prosecution was not likely.

(3.) NOTICE for the petitioner having been issued to the State, it opposes the grant of bail relying solely on the provisions of sub-section (2) of section 6 of the criminal Law (Amendment) Act 30 of 1960, which lays down: