GURDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE facts of this case remind me of Balbir Singh's case, reported in AIR 1987 SC 1057 : 1981(1) Recent CR 401 wherein it was specifically stressed that in cases like the present, the names of some of the persons in a gathering have to be disclosed and stress was laid also on the Terrorist and Disruptive Activities (Prevention) Act, 1985 for convictions and sentences under that Act. The act only provides an appeal to the Supreme Court and the High Court is excluded. In the present case, I am told that there was a congregation to celebrate the death anniversary of Shri Joginder Singh. Rode on 8. 3. 1987 and the alleged inflammatory speeches were made by so many persons, including the petitioner and it is because of these speeches that this case could be registered only on 3.4.1987. When asked, Shri Kang has not been able to produce any7 note kept of the speeches with the police. From the date of occurrence, the court has to determine upon the version given only on 3.4.1987. It is difficult to say at this stage, whether the version given in the First information Report after about 15 days of the occurrence will be believed by the trial Court or not, especially when nothing is coming in corroboration of this version.

(2.) THE petitioner in this situation, is allowed bail to the satisfaction of the Chief Judicial Magistrate, Faridkot. Petition allowed.