MALKIAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner is accused of offences under Section 302/307 34/120-B of the Indian Penal Code and sections 3/4 of the Terrorist and Disruptive Activities (Prevention) Act, 1985 (the Act in short), vide FIR No. 61 dated 4-4-1986 of Police Station Khanna. His name is not mentioned in the FIR, but, according to the prosecution, he was one of the persons described as under

(2.) AS a result of the assault, some persons were injured, and out of them, Mohinder Pal, Pawan Kumar and Subhash Kumar died due to firearm injuries. The petitioner applied for bail to the Designated Court at Patiala and vide order dated 22-4-1986, his application for bail was declined. Aggrieved with the order of rejection of bail, he filed Criminal Miscellaneous 6103-M/1987 which was also declined vide my order dated 24-11-1987.

(3.) ON the basis or the above reasoning, the learned counsel for the petitioner urges that, as a matter of fact, the Designated Court has already found qua one of the co-accused of the petitioner that no offence under Section 3/4 of the Act is made out and one ground for saying so is that the name of that accused was not mentioned in the FIR and that the case of the petitioner is not distinguishable from that of his coaccused. On the other hand, the learned counsel for the State has urged that this Court has no jurisdiction to grant bail to persons who are accused of offences punishable under Section 3/4 of the Act. He has cited Usmanbhai Dawoodbhai Menon and ors., v. State of Gujarat, 1988(1) SVLR (CR) 157 : 1988(1) Recent Criminal Reports 540.