LAWS(P&H)-1984-12-1

MAHANT SANT SARUP Vs. STATE OF PUNJAB

Decided On December 04, 1984
MAHANT SANT SARUP Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Mahant Sant Sarup filed Cr. M. No.4286-M/84 praying for anticipatory bail under S.438, Cr.P.C. in a case FIR No.438 dt. July 5, 1984 under Ss.452, 506, 380, 148, 448 and 149, IPC and Ss.25 and 27 of the Arms Act, P.S. Division 'E', Amritsar. The prayer was allowed by order dt. Aug. 6, 1984 , which reads :

(2.) The State of Punjab has moved Cr. Misc. No.5248/84 praying that the order dt. Aug. 6, 1984, allowing anticipatory bail to Mahant Sant Sarup be recalled and the bail already allowed to him be cancelled in view of the provisions contained in S.15(4) of the Terrorist Affected Areas (Special Courts) Act, 1984 (for short, the Act).

(3.) Mr. D.S. Brar, AAG(Pb) appearing for the State has argued that offences under Ss.506, IPC and 25/27 Arms Act, for which Mahant Sant Sarup has been accused are scheduled offences falling within the purview of the Act and he could not be allowed anticipatory bail in view of the provisions contained in S.15(4) of the Act. The bail already allowed to him is liable to be cancelled under S.439(2), Cr.P.C.