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Judgment
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 along with some other persons, including extremisms came to his Dera at Amritsar armed with deadly weapons. Sant Sarup took keys from him by pointing a pistol at his forehead and told his hands at his back and kept him standing the whole night. They gave blows to him. They broke open the Almirahs and took away currency notes, gold ornaments etc. He further stated that on April 26, 1984, his hands were loosned and at gun point he was made to sign some blank papers as also his resignation from the Mahantship of the Dera 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 sections 448/452/506/380/148/149, Indian Penal Code and under Section 25/27 of the Arms Act. The petitioners have been arrested in this case. Having failed to secure bail from the Judicial Magistrate, Amritsar, they have filed the present petition for the same relief.
The learned counsel for the petitioners has argued the Ravinder Dass was the Mahadt of the Dera and he resigned on March 1, 1984. Sant Sarup 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 Das 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 tenants of the property of the Dera situate at Tarn Taran. This amount was to be recovered from Ravinder Dass. 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 the Mahantship of the Dera. The petitioners have been falsely implicated. They are injudicial 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 Areas (Special Courts) Ordinance, 1984 (hereinafter the Ordinance), 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.
The Ordinance is applicable in the State of Punjab. The petitioners shall, therefore, be governed by the provisions contained in section 15(5) thereof. Keeping in view the circumstances of the case and in the light of the provisions contained in Section 15(5) of the Ordinance, 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.