JASBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present appeal under Sec. 21 of the National Investigation Agency Act, 2008 has been filed against the order of the Special Court comprising of the Additional Sessions Judge, Amritsar dtd. 28/7/2022. The said Court dismissed the third bail application in FIR No.116 dtd. 6/6/2020 (Annexure A-1) under Ss. 295, 295A, 120, 120-B, 121-A and 153-A of Indian Penal Code (for short 'IPC') and Sec. 13 of the Unlawful Activities (Prevention) Act, 1967 (for short '1967 Act') registered at Police Station Chatiwind, Amritsar, on the ground that the appellant had been arrested on 6/6/2020 and the first bail application had been dismissed as withdrawn on the same date and thereafter the second one had been dismissed on 29/7/2020. It was noticed that the appellant had filed a bail application before this Court bearing CRM-M-23653-2020, which was dismissed by a Single Judge on 16/10/2020 (Annexure A-4), however, while noticing that the appeal was to be heard by the Bench of two Judges of this Court. It was, accordingly, noticed that the challan has been presented and the conclusion of the trial will take long, but keeping in view the allegations made in the FIR the bail application was dismissed on the ground that there was no fresh reason as such.

(2.) We are of the considered opinion that the matter cannot be allowed to rest there, as there is an apparent violation of Article 21 of the Constitution of India and in view of the law laid down by a three Judge Bench of the Apex Court in 'Union of India Vs. K.A. Najeeb', AIR 2021 3 SC 712, specially keeping in view the leisurely fashion in which the State is choosing to proceed on the prosecution and it, thus, wholly responsible for grant of the benefit to the present appellant.

(3.) The FIR (Annexure A-1) was lodged initially under Sec. 295 IPC by the police official namely SI Sukhraj Singh of the CIA Staff as he had got secret information that the appellant alongwith Avtar Singh were sitting in a room situated at a Cremation Ground under the bridge of the Canal Bhagtupura and holding out that head of people belonging to Hindu community should be chopped off and they will not be allow bells of temple to ring and people of Hindu faith would be expelled from Punjab. The said persons were thereafter apprehended and who had disclosed their identity as the appellant and Avtar Singh. As per the challan filed on 7/6/2020 vide DDR No.23 Ss. 120, 120-B, 121-A, 153-A IPC were added and the appellant as such got recovered a mobile phone during the course of the investigation on 8/6/2020 (Annexure A-2) bearing brand name of Samsung bearing SIM No.82888-27494. The same was recovered from the bushes in village Bhagtupura and it was got checked from the Incharge, Social Media Cell, Amritsar and from the chats of the WhatsApp, Babbar Khalsa was downloaded in the computer. The SIM number was registered in the name of the appellant who was resident of Wara Sher Singh, District Tarn Taran. It has further been mentioned in the report under Sec. 173 Cr.P.C. (Annexure P-5) dtd. 16/10/2020 that one public witness Baaj Singh had recorded his statement that the appellant alongwith another person who were known to him were discussing about their offensive talk, as noticed during the Ghallukara Diwas (Blue Star Anniversary) which was going on. The data had been recovered from the Social Media Cell and it was found that Avtar Singh had created a group by the name of Babbar Khalsa and screen shots of said WhatsApp data was obtained and resultantly Sec. 295-A IPC was added vide DDR No.45 dtd. 1/9/2020. It was found that his coaccused Avtar Singh and Jasbir Singh were in touch with Baba Mann Singh resident of England on his WhatsApp number and who was further in touch with banned terrorist organization "Sikhs for Justice" and on his asking they were active in the movement of Khalistan Refrendum-2020. On 6/6/2020 both of them had gone to Darbar Sahib in support of the said Referendum and Rs.2,000.00 was received through Western Union by Avtar Singh on 19/5/2020 and they were trying to join more persons in this movement.