Case Law Details
Gurwinder Singh Vs State of Punjab & Another (Supreme Court of India)
Supreme Court held that mere delay in trial pertaining to grave offences cannot be used as a ground to grant bail. Accordingly, bail application of appellant accused under Unlawful Activities (Prevention) Act, 1967 rejected.
Facts- The present appeal impugns the order dated 24.042023 passed by the High Court of Punjab and Haryana at Chandigarh in CRA-D No. 144 of 2022 (O&M) whereby the High Court has upheld the order dated 16.12 2021 passed by the Special Judge, NIA Court, SAS Nagar, Mohali in an application filed u/s. 439 of the Code of Criminal Procedure, 1973 (Cr.P.C) filed by the Appellant herein-Gurwinder Singh along with other co-accused seeking regular bail in NIA Case RC.1 9/2020/NIA/DLI, registered under Sections 124A, 153A, 153B 120-B of the Indian Penal Code, 186 (IPC)Section(s) 17, 18, 19 of the Unlawful Activities (Prevention) Act 1967 (UAP Act) and Sections 25 and 54 of the Arms Act, 1959, which came to be rejected.
Conclusion- Held that the material available on record indicates the involvement of the appellant in furtherance of terrorist activities backed by members of banned terrorist organization involving exchange of large quantum of money through different channels which needs to be deciphered and therefore in such a scenario if the appellant is released on bail there is every likelihood that he will influence the key witnesses of the case which might hamper the process of justice. Therefore, mere delay in trial pertaining to grave offences as one involved in the instant case cannot be used as a ground to grant bail. Hence, the aforesaid argument on the behalf the appellant cannot be accepted.
FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER
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