RAMEEZ RAJA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant has challenged the order dtd. 21/4/2023 passed by the Additional Sessions Judge, Pathankot whereby his bail application in FIR No.116 dtd. 11/6/2020, registered under Sec. 25 of Arms Act, 1959 and Ss. 3, 4 , 5 of Explosive Substances Act, 1908 and 13, 17, 18, 18-B, 20 of the Unlawful Activities (Prevention) Act, 1967 [for short,' UAPA'], at Police Station Sadar Pathankot, has been dismissed.

(2.) Learned counsel for the appellant, inter alia, submits that the appellant was confined in jail in Jammu and Kashmir as undertrial when he was involved in the instant case. The allegations against him are that he was in touch with the co-accused and a Pakistani national through Conion Application. He is alleged to be involved in several anti-national activities including arrangement of financial aid. He, however, submits that no recovery of any arm and ammunition or any other incriminating material has been effected from him. The allegations pertaining to the aforenoted electronic evidence are unsubstantiated and no such evidence in the form of transcripts were produced on record. He also submits that sanction under Sec. 45 of the UAPA had not been obtained qua the appellant. The appellant is a Dentist by profession and is in custody for about 2 years. The co-accused Amir Hussain Wani and Waseem Hussain Wani have been granted regular bail by the Single Bench of this Court in CRM-M-40907-2020 on 8/2/2021.

(3.) Learned counsel for the appellant in support of his submissions, has placed reliance upon the judgments of the Supreme Court in the cases of Union of India versus K.A. Najeeb, (2021) 3 SCC 713 and Shoma Kanti Sen versus State of Maharashtra and another, 2024 SCC Online SC 498, wherein it has been held that long custody by itself would entitle the accused under UAPA to grant of bail by invoking Article 21 of the Constitution of India. He has also relied upon the judgments of the Supreme Court in the cases of Vernon versus The State of Maharashtra and another, 2023 SCC Online 885, Sheikh Javed Iqbal @ Ashfaq Ansari @ Javed Ansari versus State of Uttar Pradesh, bearing Criminal Appeal No.2790 of 2024, decided on 18/7/2024 and Javed Gulam Nabi Shaikh versus State of Maharashtra, another, bearing Criminal Appeal No.2787 of 2024, decided on 3/7/2024.