KOBAD GANDHI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been brought by the petitioner, Kobad Gandhi under the provisions of section 439 Cr. P.C. for grant of regular bail in a case registered by way of FIR No.57 dated 23.1.2010 at Police Station Sadar, Patiala, District Patiala for an offence punishable under sections 10, 13, 18 and 20 of the Unlawful Activities (Prevention) Act, 1967 and sections 419 and 120-B of Indian Penal Code.

(2.) The case against the petitioner, in brief, is that he is a member of Central Committee of a banned party, named, CPI (Maoist) and has been delivering speech to people exhorting them to disturb the unity and integrity of the State and to disturb peace.

(3.) Learned counsel for the petitioner has submitted that theCrl. Misc. No.M-33886 of 2011 2 .. speech, as per the FIR, of the petitioner was of April/May, 2009 which he is alleged to have delivered in Punjabi University, Patiala asking people to join his party and to achieve its above mentioned objects. He has further submitted that the party has been banned on June 22nd, 2009 as per Annexure P2. He has further submitted that the speech, even if it is assumed to have been delivered by the petitioner, did not have any effect on the audience. He submitted that if the speech allegedly delivered by the petitioner had no effect on his audience, then he cannot be held to have prima facie committed any offence. In this regard, he has placed reliance on a decision of Hon 'ble Supreme Court of India in Balwant Singh Vs. State of Punjab, 1995 AIR(SC) 1785. In the said case, the appellants were accused of raising slogans such as Khalistan Zindabad Raj Karega Khalsa etc., and as none was incited by the slogans, it was held that no offence under section 124-A and 153-A IPC has been committed.