SH GHANSHYAM GULERIA Vs. STATE OF H P

JUDGEMENT

(1.) This is an application under Section 439 Cr.P.C for releasing the petitioner on bail in FIR No.2/2011 dated 27.1.2011, registered at Police Station, CID, Bharari, Shimla, under Sections 3,5,9 of the Officials Secrets Act, 1923 and Section 120(B) IPC, 1860.

(2.) It has been stated that petitioner has been falsely implicated in the above case. The petitioner was arrested on 31.1.2011 and since then he is in custody. The petitioner retired from Army as Subedar Major on 31.8.2010. The prosecution case is that had received a telephone call from Jais Ram an ex-serviceman, who motivated the petitioner to collect sensitive information of the army areas and promised a salary of Rs. 8,000/- per month. The further allegation is that petitioner talked to foreign agent many times during September, 2009 to January 2010 and had received Rs. 6,000/- in lieu of information passed to suspected foreign agent.

(3.) It has been stated that petitioner and two others had filed Cr.WP No.31 of 2011 which was dismissed on 12.1.2012. The High Court has held that the Court of Sessions shall ordinarily try the offences under Official Secrets Act unless a Magistrate of Ist Class is specially empowered by State Government to try any offence under the Official Secrets Act.