HARPREET SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application under Section 439 Cr. PC in a case under Section 3/6 of I.P.P.R., 307 IPC, Section 27 of the Arms Act and Section 3/4 of Terrorist and Disruptive Activities (Prevention) Act, 1985 (here in after referred to as 'the T.A.D.A. Act') - The petitioner was taken into custody on 25th April, 1987 in FIR No. RC 8/87 registered at SPE, Jaipur. This report was lodged by Shri Nahar Singh, Company Commander, B.S.F., Sri ganganagar on 16th June, 1987. This case was registered initially against accused Mohan Inder Singh alias Pushpinder Singh alias Ajeet Singh. During the investigation of the case Shri Mohan Inder Singh made a detailed statement before the Investigating Officer where in he also made reference to the petitioner and made certain disclosures about the petitioner's rendering services for carrying out certain activities prejudicial to the security of the State. On the basis of this statement, as mentioned aforesaid, the petitioner was arrested and interrogated. It is pertinent to mention here that the petitioner prior to his arrest in this case had already been taken into custody in FIR Nos. 26 and 27 of Police Station Valtoha dated 7th February, 1987 for offences under Sections 3/4 of T.A.D.A. Act and 27 of Arms Act respectively. He was however, bailed out in these cases on 6th March, 1987. As mentioned aforesaid, having been arrested in the present case on 25th April, 1987 at Firozpur, he was brought to Jaipur for interrogation.

(2.) PETITIONER 's statament was recorded by the Investigating Officer and the investigation continued. Meanwhile the accused moved an application for grant of bail before the learned Sessions Judge, Jaipur City, Jaipur which was rejected by order dated 18th June, 1987. It is thereafter that the accused moved the present bail application. This bail application initially was heard on 14 -7 -87 on which date time was prayed for on behalf of the CBI Diary was produced before me on 17th July, 1987 on which date counsel for the accused wanted some documents to be filed in support of the application which he produced on 23 rd July, 1987. Arguments were concluded on 4th August, 1987 and the parties were directed to pass over the copies of the documents they relied upon during the course of arguments. Learned Public Prosecutor was also directed to furnish the diary. Diary was furnished on the next date but the learned counsel for the petitioner forwarded the documents which he relied on 20th August, 1987.

(3.) LEARNED Public Prosecutor submitted that there is evidence to the effect that Mohan Inder Singh alias Pushpinder Singh is a prominent pro -Khalistani leader and is an Executive Member of I.S.Y.F. who was arrested after exchange of fire with B.S.F. personnel while he was returning from Pakistan after holding negotiation with Pakistan's Army Officials in regard to disputings of weapon's consignment from Pakistan to India. It is submitted that these weapons were being imported to India for making them available for killing VIPs and carrying out terrorist activities. Mohan Inder Singh met the petitioner in November, 1986 and the petitioner assured him his full support in smuggling the arms from Pakistan by using his good offices in Mandawat and Zalalbag sectors. He also assured Mohan Inder Singh that he will get him a job through his father's influence in a fictitious name so that his identity cannot be known. It is submitted that T.A.D.A. Act is a special Act where the accused should not be released on bail.