JATINDER PAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner is an accused under sections 3/4/5 of the Terrorist and Disruptive Activities (Prevention) Act, 1985. Apart from others facts, in view of the authority of the Supreme Court in case Usman bhai Dawoodbhai Menon and others v. State of Gujarat, 1988(1) SLVR (CR) 157: 1988(1) Recent Criminal Reports 540, this Court has no jurisdiction to grant bail under section 439 of the Code of Criminal Procedure. However, vide observations made in that case, the designated Courts were held to have not carefully considered the facts and circumstances of the case and to have rejected the application for bail mechanically. It was further observed therein that the Designated Courts were under a duty to examine the circumstances closely from this angle and the same has not be done, it was found desirable therein to set aside the orders passed by the Designated Court and remit the case for fresh consideration. This case is also remitted for fresh consideration. This petition is disposed of accordingly.