DAYA SINGH DILBAR Vs. U.T. CHANDIGARH

JUDGEMENT

(1.) THIS petition is for the release of the petitioner on bail under Section 439 of the Code of Criminal Procedure, 1973 in the case First Information Report No. 25 dated 6.2.1986, under sections 3/4 of the Terrorist and Disruptive Activities (Prevention) Act, 1985 and under sections 124-A, 153-A, and 506 of the Indian Penal Code, of Police Station, Sector, 11, Chandigarh, the petitioner having been unsuccessful before the lower Court vide its order dated 11.3.1986. The relevant portion of the First Information Report is as under :-

(2.) THE petitioner filed Cr. M. 1712/1986 on 19.3.1986 Vide order dated 7.4.1986, the same was dismissed by S.S. Dewan, J. In that order it is recorded that the petitioner, alongwith others, is said to have addressed a gathering of students on the campus of the Panjab University, Chandigarh that, "Hindustan became independent in 1947, but the Sikhs are still slaves; that the National Flag is not their flag and their flag is 'Kesri' and that they will gain independence by force because Hindu Government is keeping them as slaves." The learned Judge was of the opinion that a perusal of the Police diaries shows that the investigation so far conducted had revealed the complicity of the petitioner in the case right from the beginning, whether or not the accusation is correct is not to be seen at that stage and thus the petition was dismissed.

(3.) THE petitioner yet filed another bail application (vide Cr. M. 3441M/1987) which ultimately came up for hearing before Pritpal Singh, J. (as the learned Judge then was) and vide order dated 25.5.1987, it was held that the trial Court has fixed 27.5.1987 as the date for framing of the charge and in these circumstances, there was no ground for bail and with those observations in view, the bail application was dismissed.