Bail - Allegation that Petitioner and unknown persons involved in illegal arms supply, funding separatists for religious disturbances, influenced by Pakistani Agency ISI for creating unrest in Punjab – In Preventive Custody for over 11 months – A 23-year-old student, aspired to study in Canada who has completed a course at Food Craft Institute course, worked at Taj Hotel Resorts and Palaces – No probability of tampering with Evidence as the same is already seized - Co-accused already granted bail - Petitioner released on bail. [ID 421601]

Case Overview: The petitioner seeks release as an undertrial after being denied bail by the trial Court in a case registered under Sections 153, 153-A, 212, 216, 120-B of the IPC, Section 21 of the NDPS Act, and Section 25 of the Arms Act. This case was registered at the State Special Operations Cell, Mohali, District SAS Nagar.
Prosecution Version: On 23.08.2022, Police received information that petitioner, and others were illegally supplying arms, ammunitions, and funding separatists with an intent to create disturbance in the name of religion, as directed by the Pakistani Agency ISI.
arrest and Custody: An fir was registered and the petitioner was arrested on 23.08.2022. He has been in custody since that date.
Petitioner's Argument: The petitioner claims to have been falsely implicated. He was intercepted while trying to go abroad and €2200 was found in his possession. The money was allegedly bought for Rs.3.90 lakh, withdrawn from his father's bank account. The petitioner argues he has no connection with the alleged illegal activities. No evidence confirms his complicity with the accused persons.
Petitioner's Counsel Argument: There is nothing to be recovered from the petitioner, and no purpose is served by keeping him in custody. Co-accused Sunil Kumar @ Kala and Tausif Chisti @ Syed, attributed similar roles as the petitioner, have already been granted bail.
State Counsel Argument: The state counsel opposes the petition, arguing that the petitioner has committed a serious offense and is suspected to be involved in two more cases, though on bail in those. There is a risk of tampering with evidence or influencing witnesses if released on bail.
Court Observation: The Court has heard both sides and reviewed the case file. The investigation against the petitioner is complete and he is not required for custodial interrogation. Allegations against the petitioner are a matter of trial at this stage. The trial is proceeding slowly, and no witnesses have been examined as charges are not framed yet. The petitioner has been in preventive custody for over 11 months.
Petitioner Profile: The petitioner is a 23-year-old student who secured admission to study in Canada but was apprehended at the airport when leaving India. He completed a food course at the Food Craft Institute and worked for the Taj group at the Taj Hotel Resorts and Palaces.
Bail of Co-Accused: Co-accused of the petitioner have been granted bail.
Court Decision: Considering the overall scenario and without commenting on the merits of the case, the Court grants the petition and orders the release of the petitioner on bail, provided he is not required in any other case. He must furnish bail and surety bonds to the satisfaction of the trial Court or Duty Judge. The petitioner must also surrender his passport if not already surrendered.

Tags: Arms Act S. 25, Bail - Granted, Bail - NDPS, CrPC S. 439, IPC S. 153, IPC S. 153A, NDPS S. 21

Source: Full Judgment with detailed headnotes for Online Subscribers (opens automatically) (Click on SUBSCRIBE)

Tags: Arms Act S. 25 Bail - Granted Bail - NDPS CrPC S. 439 IPC S. 153 IPC S. 153A NDPS S. 21

[SC] Lambardar - Appointment of - Age of a candidate is a relevant factor – Younger shall be preferred - Is not a Govt. servant - Factors to be considered for appointment. [ID 215102]

Criminal Procedure Code , 1973 (2 of 1974), Section 439 - Indian Penal Code, 1860 (45 of 1860), Sections 153, 153-A, 212, 216, 120-B - Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 21 - Arms Act, 1959 (54 of 1959), Section 25

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