Full Judgment Text
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PETITIONER:
GIANI PRATAP SINGH
Vs.
RESPONDENT:
STATE OF RAJASTHAN & ANR.
DATE OF JUDGMENT04/09/1995
BENCH:
AHMADI A.M. (CJ)
BENCH:
AHMADI A.M. (CJ)
SEN, S.C. (J)
CITATION:
1996 AIR 74 1995 SCC (5) 591
1995 SCALE (5)93
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted.
On 26th December, 1990, the appellant was arrested by
the SHO, Police Station, Nanded, in connection with FIR No.
150.90. The charge-sheet was filed against the appellant and
also other accused persons for an offence under Section 6 of
the Terrorist and Disruptive Activities (Prevention) Act,
1987 read with Sections 286, 120B and 34 of Indian Penal
Code read with Section 9(B) of the Indian Explosives Act, on
19th December, 1991. The appellant is a priest. He is now in
jail for more than four years and eight months continuously
except for a short period of 21/2 months when he was on
parole on medical grounds. The minimum sentence under
Section 6 of the TADA Act is only five years.
The appellant applied for grant of bail some time in
June, 1994. Before the appellant had made several
applications for bail, which were all rejected.
On 18th January, 1995, the Designated Court once again
rejected the bail application stating, inter alia, that no
fresh ground had come into existence for granting bail,
since June, 1994 when the last bail application was
rejected.
We have perused the record of the case heard counsel
for both the parties. We are of the view that in the facts
of this case, the appellant should be released on bail.
The order dated 18th January, 1995 passed by the
Designated Court for Rajasthan, Ajmer, is set aside.
The appellant herein, Giani Pratap Singh, is directed
to be released on bail on executing a bond for a sum of
Rs.50,000/- (Rupees fifty thousand only) with two sureties
of the like amount to the satisfaction of the Designated
Court, Ajmer, Rajasthan.
The undertrial accused shall, on being released on
bail, present himself at the police station which has
prosecuted him at least once in a week. He will also make
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himself available for interrogation and trial as and when
necessary. He shall not leave the area falling within the
jurisdiction of the Designated Court, except with the
permission of the Judge of the Designated Court. The
Designated Court will be at liberty to cancel bail, if any
of the conditions of bail are violated or a case of
cancellation of bail is otherwise made out. It will also be
open to the respondents to move for cancellation of the bail
in case the appellant refuses to co-operate in the trial or
interrogation.
The appeal is disposed of accordingly.