RULIA BARU RAMDASIA Vs. STATE

JUDGEMENT

(1.) THIS is an application by Rulia and Rosnan of village Dhulkot, Tehsil and District Ambala, who nave been arrested under Rules 6 and 11 of the Defence of India Rules, read with Section 3 of the Indian judicial Secrets Act.

(2.) THE allegation against the petitioners is that on the night between 19th and 20th November, 1962, at about 11-30 p. m. , they were seen within the barbed wire enclosure of Ambala Cantonment aerodrome. They were challenged by Mohan Lal watchman but they threw brickbats in order to make good their escape. They were identi-fled in the torchlight by the watchman because the. petitioners lived in village Dhulkot in the area of which we aerodrome is situated. They were arrested on 2lst November, 1962, but were released on bail on 3rd December, 1962. Subsequently on an application filed by the prosecution, their bail was cancelled on 14th December, 1962. Since then they are in custody. Their bail application was dismissed by the learned Sessions Judge, Ambala.

(3.) I have heard Mr. Lakhanpal on behalf of the petitioners and Mr. Jagga on behalf of the state, Mr. Lakhanpal contends that even If the petitioners trespassed into the area of the aerodrome, they did so with no ulterior motive but because they happened to live in that locality. Mr. Jagga also concedes that nothing has been found in the antecedents of the petitioners which may go to snow that they were found in the area of the aerodrome with a motive calculated to prejudice the defence of the country. It is, however, urged by Mr. Jagga that Because as the provisions of R. 155 of the Defence of India Rules the petitioners can be released on bail only if the Court is satisfied that there are reasonable grounds for believing that they were not guilty of any contravention of the rules. Rule 155 reads as under: 155. Special provision regarding bail. Not with standing anything contained in the Code of Criminal Procedure, 1898 (5 of 1898) no person accused or convicted of a contravention of these rules or orders-made thereunder shall, if in custody, be released on bail or on his own bond unless--