Mahant Sant Sarup and another vs State of Punjab

J.M. Tandon, J.—Mahant Ravinder Dass made a written complaint to the police on July 5, 1984, that on April 25, 1984, Sant Sarup petitioner No. 1 along with some other persons, including extremists and Mahant Charan Jit Singh petitioner No. 2 came to his Dera at Amritsar armed with deadly weapons. Sant Sarup Singh took keys from him by pointing pistol at his forehead and tied his hands and kept him standing the whole night. They gave blows to him and broke open the almirah and took away the currency notes and gold ornaments etc. On April 26, 1984, his hands were loosened and at gun point he was made to sign some blank papers as also his resignation from the Mahantship of the Dera with effect from March 1, 1984. On April 28, 1984, he slipped away from the Dera and went to Delhi from where he proceeded to Jabalpur.

A case was registered under Section 448/452/395/506/380/148/149, Indian Penal Code and Section 25/27 of the Arms Act. The petitioners applied for bail to the Special Judge, Jullundur, who vide separate orders both dated January 7, 1985, declined the prayer. The petitioners have prayed for bail in the present petition.

The learned counsel for the petitioners has argued that Ravinder Dass was the Mahant of the Dera and he resigned on March 1, 1984. Sant Sarup petitioner was appointed Mahant of the Dera by the Bhek on April 26, 1984. In some civil suits in which the Dera is a party applications were filed by Ravinder Dass that Sant Sarup be substituted as a party for him. Ravinder Dass was to be paid Rs. 1500/ per month as expenses by the Dera and this amount was paid to him against receipt. Ravinder Dass had received Rs. 2,90,000/ on behalf of the Dera from the tenants of the property of the Dera situate at Tarn Taran. This amount was to be recovered from him. It is in this background that Ravinder Dass made a complaint dated July 5, 1984, to the Police. A Civil suit for injunction has been filed against Ravinder Dass and during the pendency of that suit Ravinder Dass has been restrained from taking possession of the Dera. The dispute between the parties is primarily civil regarding Mahantship of the Dera. The petitioners have been falsely implicated. They are in judicial custody and may be allowed bail.

The learned Assistant Advocate General has contended that the petitioners have been arrested for an offence under section 506, Indian Penal Code and they cannot be allowed bail under section 15(5) of the Terrorist Affected Area (Special Courts) Act, 1984, (hereafter the Act) unless the Court is satisfied that there are reasonable grounds for believing that the petitioners are not guilty of such offence and that they are not likely to commit an offence while on bail.

Keeping in view the circumstances of the case and in the light of the provisions contained in Section 15 (5) of the Act, the petitioners who are in judicial custody are entitled to the concession of bail.

In the result, the petitioners are directed to be released on bail on furnishing adequate security to the satisfaction of Chief Judicial Magistrate, Amritsar.

JUDGMENT accordingly.