The State of Punjab vs Jaspal Singh

M.M. Punchhi, J.—Shri K.S. Bhalla, Judge, Special Court, Judicial Zone, Jalandhar, granted bail to the accused-Respondent, involved in offence u/s 124-A, Indian Penal Code, and Section 13 of the Unlawful Activities Act.

The allegation against the Respondent was that he along with three others were reported to be pasting posters and raising objectionable slogans, bringing their activity within the folds of the aforesaid two provisions of law. A.S.I. Darshan Singh, on receiving the information, reached the spot and caught the four accused fixing and pasting pamphlets on the walls. The poster apparently is in Gurmukhi words referring to some incidents in the past and predicting events in future, forecasting that Khalistan would come into being, 2-1/2 lacs khalsa Army would he raised, (sic) lacs Hindus would be killed etc etc

The accused-Respondent was granted bail by the learned Judge observing as follows:

Arguments heard, According to the prosecution, applicant and three others were pasting a pamphlet on the wall at one time. No specific part towards that action is attributed to any one of them. The contents of the pamphlet indicate certain happenings relating to past and future. No call is said to have been given by the applicant through spoken or written words which may be directed towards bringing or attempting to bring into hatred or contempt or exciting or attempting to excite disaffection towards Government established by law in India. Applicant Jaspal Singh accordingly is ordered to be released on bail, provided he furnishes personal bond with one surety in the sum of Rs. 5,000/- each to the satisfaction of Chief Judicial Magistrate, Amritsar.

The learned Judge has not recorded the following three satisfactions required by the provisions of the Terrorist Affected Areas (Special Courts) Act, 1984, and the Criminal Procedure Code:

(1) The Court must be satisfied that the accused is not guilty of such an offence

(2) The Court must record satisfaction that the accused is not likely to comit any offence while on bail,

(3) Wherever Section 439A of the Code is applicable in relation to offences enumerated therein, the Court is further satisfied that there are exceptional and sufficient grounds to release the accused on bail.

See in this connection Criminal Misc. No. 1541-M of 1985 State of Punjab v. Balraj Singh and Anr. 1, decided on May 13, 1985. On this ground alone, the order needs to be quashed.

On merits as well, the learned Judge has ignored the positive assertion in the First Information Report that the police had caught the accused red-handed while fixing and pasting pamphlets on the walls. On account of the specific allegation in the First Information Report, it was idle of the learned Judge to observe that no specific part towards that action is attributed to any of the accused persons. Little said about the contents of the pamphlet; the act and the language, prima facie, brought the activity of the Respondent within the ambit of Section 124A, Indian Penal Code and Section 13 of the Unlawful Activities Act. The matter has been dealt with by the learned Judge rather too casually and on this ground alone the order needs to be set aside.

For the foregoing reasons, this petition is allowed. The accused-Respondent be put to custody forthwith, pending trial. His bail is cancelled.