STATE Vs. CAPTAIN JAGJIT SINGH
LAWS(SC)-1961-9-9
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on September 14,1961

STATE Appellant
VERSUS
JAGJIT SINGH Respondents


Cited Judgements :-

PRATAPBHAI HAMIRBHAI SOLANKI VS. STATE OF GUJARAT [LAWS(SC)-2012-10-36] [REFERRED TO]
JAYAKRISHNA BAG VS. STATE OF ORISSA [LAWS(ORI)-1996-1-16] [REFERRED TO]
BADRI PRASAD PURAN BADHAI VS. BALA PRASAD MOOL CHAND SAHU [LAWS(MPH)-1983-9-15] [REFERRED TO]
MANIK CHANDRA VS. CHANDRA BHUSHAN [LAWS(MPH)-1990-12-24] [REFERRED TO]
CHAITHANYA VS. UNION OF INDIA [LAWS(KER)-2023-4-98] [REFERRED TO]
PAWANBALA VS. STATE OF H.P. [LAWS(HPH)-2015-4-124] [REFERRED TO]
NISHANT SHARMA S/O DESH RAJ SHARMA VS. STATE OF H P [LAWS(HPH)-2015-5-19] [REFERRED TO]
ANUPAM GUPTA VS. STATE OF UT, CHANDIGARH [LAWS(P&H)-2023-6-80] [REFERRED TO]
K K WARRIER VS. STATE OF KERALA [LAWS(KER)-1964-8-31] [REFERRED TO]
RAKESH KUMAR VS. STATE OF H P [LAWS(HPH)-2015-5-148] [REFERRED TO]
SANDEEP SINGH SON OF JAGDISH SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2015-5-152] [REFERRED TO]
ANIL KUMAR YADAV VS. STATE (NCT) OF DELHI & ANR. [LAWS(SC)-2017-11-21] [REFERRED TO]
PRADEEP N SHARMA VS. STATE OF GUJARAT [LAWS(GJH)-2010-3-192] [REFERRED TO]
KAUSHIK KUMUDCHANDRA KAPADIA VS. STATE OF GUJARAT [LAWS(GJH)-2001-5-30] [REFERRED]
MANUBHAI VADILAL PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2001-5-33] [REFEREED]
PRAKASH VS. STATE OF KARNATAKA [LAWS(KAR)-1992-9-34] [FOLLOWED ON]
STATE OF MAHARASHTRA VS. TUKARAM SHIVA PATIL [LAWS(BOM)-1975-8-40] [REFERRED TO]
SWAPAN BANERJEE ALIAS SWAPAN KUMAR BANERJEE ALIAS KUMAR SWAPAN VS. STATE OPPOSITE PARTY [LAWS(CAL)-1971-7-20] [REFERRED TO]
MAYA DEVI VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2015-12-123] [REFERRED TO]
VIRENDER KUMAR AND ORS. VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2015-12-130] [REFERRED TO]
NIRMAL SINGH SON OF NARATA RAM VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2015-3-5] [REFERRED TO]
PREM CHAND VS. STATE OF H.P. [LAWS(HPH)-2015-4-18] [REFERRED TO]
ARUNA CHADHA VS. STATE OF NCT OF DELHI [LAWS(DLH)-2012-12-9] [REFERRED TO]
SH. BHARAT SINGH VS. STATE OF H.P. [LAWS(HPH)-2015-11-131] [REFERRED TO]
VINAY KUMAR VS. STATE OF H P [LAWS(HPH)-2015-1-15] [REFERRED TO]
KARAM CHAND VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2015-10-20] [REFERRED TO]
RAKESH KUMAR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2015-10-96] [REFERRED TO]
VIKKY VS. STATE OF H.P. [LAWS(HPH)-2014-12-143] [REFERRED TO]
FIROJ BHUTTO VS. STATE OF H.P. [LAWS(HPH)-2014-12-166] [REFERRED TO]
VIKRANT CHAUHAN VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2014-7-49] [REFERRED TO]
PAWAN KUMAR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2014-7-150] [REFERRED TO]
TILAK RAJ SHARMA, SON OF LATE HARISH CHAND VS. STATE OF H P [LAWS(HPH)-2014-11-69] [REFERRED TO]
HARI OM SON OF BHAGAT RAM VS. STATE OF H P [LAWS(HPH)-2014-11-85] [REFERRED TO]
RAMESH KUMAR VS. STATE OF NCT DELHI [LAWS(DLH)-2015-8-478] [REFERRED]
CHANDAN SINGH VS. YASHVINDER CHAUHAN [LAWS(DLH)-1993-9-57] [REFERRED]
PUJA MANORAMA DILIP KHEDKAR VS. STATE OF NCT OF DELHI [LAWS(DLH)-2024-12-13] [REFERRED TO]
SANDEEP SINGH VS. STATE OF HIMACHAL PRADESH. [LAWS(HPH)-2016-2-2] [REFERRED TO]
THAKUR SINGH VS. STATE OF H.P. [LAWS(HPH)-2016-3-146] [REFERRED TO]
BALKRISHNA MAHADEV LAD VS. STATE OF MAHARASHTRA [LAWS(BOM)-2012-2-47] [REFERRED TO]
AFTAB ABDUL LATIF VS. STATE OF MAHARASHTRA [LAWS(BOM)-2013-12-46] [REFERRED TO]
THOUNAOJAM SHYAMKUMAR SINGH VS. STATE OF NCT OF DELHI [LAWS(DLH)-2007-2-20] [REFERRED TO]
BHAGI RATH @ SURESH KUMAR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2016-7-23] [REFERRED TO]
RAVI KUMAR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2016-7-52] [REFERRED TO]
DAULAT RAM VS. STATE OF H P [LAWS(HPH)-2016-8-294] [REFERRED TO]
MINAKSHI DAS ALIAS MINAKSHI DAS SAUD VS. NUR AZAM ALI ALIAS NUR ALAM [LAWS(GAU)-2009-8-57] [REFERRED TO]
AADESH KUMAR VS. STATE OF H P [LAWS(HPH)-2016-11-228] [REFERRED TO]
ANIL MAHAJAN VS. COMMISSIONER OF CUSTOMS [LAWS(DLH)-2000-2-90] [REFERRED TO]
MOOL CHAND SON OF TULLE RAM VS. STATE OF H P [LAWS(HPH)-2015-6-6] [REFERRED TO]
GURU PARKASH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2014-9-181] [REFERRED TO]
MAN BAHADUR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2015-9-85] [REFERRED TO]
VARINDER SINGH SON OF LATE LIAK SINGH. VS. STATE OF HIMACHAL PRADESH. [LAWS(HPH)-2016-1-20] [REFERRED TO]
ZAKIR MALIK VS. STATE OF CHHATTISGARH [LAWS(CHH)-2015-1-4] [REFERRED TO]
RAMESH JASWAL SON OF SH SHER SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2014-11-13] [REFERRED TO]
RAFIQ HUSSAIN VS. STATE OF H.P. [LAWS(HPH)-2014-12-58] [REFERRED TO]
KAMAL SINGH SON OF SHRI RATTAN SINGH VS. STATE OF H.P. [LAWS(HPH)-2014-12-177] [REFERRED TO]
SAFI MOHAMMED SON OF BABU KHAN VS. STATE OF H.P. [LAWS(HPH)-2014-12-179] [REFERRED TO]
RAJEEV RAJ RATHEE VS. STATE [LAWS(DLH)-2023-6-90] [REFERRED TO]
ARUN VS. STATE OF MAHARASHTRA [LAWS(BOM)-2019-10-69] [REFERRED TO]
LAISHRAM SURESH VS. STATE OF MANIPUR [LAWS(MANIP)-2022-5-17] [REFERRED TO]
VISHNU MAHESHWARI VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1999-2-33] [REFERRED TO]
B RAVINDRAN VS. STATE [LAWS(MAD)-1985-8-8] [REFERRED TO]
SUNNY CHOUDHARY VS. STATE OF J & K [LAWS(J&K)-2021-8-85] [REFERRED TO]
MANMEET SINGH VS. UNION TERRITORY OF JAMMU AND KASHMIR [LAWS(J&K)-2021-9-92] [REFERRED TO]
PRAVEEN KUMAR VS. STATE OF KERALA [LAWS(KER)-2024-4-45] [REFERRED TO]
RAJANIKANTA MEHTA VS. STATE [LAWS(ORI)-1974-10-3] [REFERRED TO]
P RAJENDRA KUMAR PATRO VS. STATE OF ORISSA [LAWS(ORI)-1996-1-29] [REFERRED TO]
STATE OF PUNJAB VS. DEEPAK GAKHAR ALIAS DEEPAK ARORA [LAWS(P&H)-2003-7-140] [REFERRED TO]
SHAMSHER SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2002-5-65] [REFERRED TO]
KUTBUDDIN VS. STATE OF RAJASTHAN [LAWS(RAJ)-1966-11-15] [REFERRED TO]
OM PRAKASH DHANUKA VS. STATE OF BIHAR [LAWS(PAT)-2021-7-122] [REFERRED TO]
HARI RAM VS. THE STATE OF HARYANA [LAWS(P&H)-1975-6-1] [REFERRED TO]
SURENDRA KUMAR VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1994-8-19] [REFERRED TO]
STATE (DELHI ADMINISTRATION) VS. VIPIN KUMAR JAGGI, [LAWS(DLH)-1974-6-9] [REFERRED TO]
BACHITTAR SINGH VS. JIT SINGH [LAWS(DLH)-1975-8-12] [REFERRED]
SANT RAM VS. KALI CHARAN [LAWS(DLH)-1976-11-12] [REFERRED TO]
UNION OF INDIA VS. MRITYUNJAY KUMAR SINGH [LAWS(SC)-2024-5-36] [REFERRED TO]
Indraj VS. State of Rajasthan [LAWS(RAJ)-1979-5-2] [REFERRED TO]
KALYAN VS. STATE OF RAJASTHAN [LAWS(RAJ)-1982-5-2] [REFERRED TO]
VERNON VS. STATE OF MAHARASHTRA [LAWS(SC)-2023-7-75] [REFERRED TO]
JAGDISH CHAND VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-1992-6-5] [REFERRED TO]
MAHMOOD MUZAFFAR VS. STATE [LAWS(ALL)-1962-2-5] [REFERRED TO]
ARUN PATIAL VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2015-7-115] [REFERRED TO]
VIJAY KUMAR VS. STATE OF H.P. [LAWS(HPH)-2015-8-4] [REFERRED TO]
DR. DEVKANYA WIFE OF SH. RAHUL LODHTA VS. STATE OF H.P. [LAWS(HPH)-2015-6-134] [REFERRED TO]
MEENA KUMARI VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2014-8-52] [REFERRED TO]
MANOJ KUMAR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2015-10-77] [REFERRED TO]
DINESH KUMAR S/O SH RATTI RAM SHARMA VS. STATE OF H P [LAWS(HPH)-2014-12-109] [REFERRED TO]
KUNAL JAGGI S/O SH AJAY JAGGI VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2014-12-111] [REFERRED TO]
RAM LAL VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2014-12-142] [REFERRED TO]
MOHIT KUMAR VS. STATE OF H.P. [LAWS(HPH)-2014-12-165] [REFERRED TO]
NARESH SHARMA VS. STATE [LAWS(DLH)-2000-2-118] [REFERRED]
LAMBERT KROGER VS. ENFORCEMENT DIRECTORATE [LAWS(DLH)-2000-2-45] [REFERRED]
COLLECTOR H C GAUR VS. RAKESH VIJ [LAWS(DLH)-1989-11-27] [REFERRED TO]
TEJ RAM VS. SURESH [LAWS(DLH)-1991-5-19] [REFERRED]
FIROZ PASHA VS. NATIONAL INVESTIGATION AGENCY [LAWS(KAR)-2024-2-129] [REFERRED TO]
DATTU THAKYE PATIL VS. STATE OF MAHARASHTRA [LAWS(BOM)-1979-8-25] [REFERRED TO]
HARISH REDDY AND ORS. VS. STATE OF KARNATAKA [LAWS(KAR)-2015-8-72] [REFERRED TO]
VISHRAM VS. STATE OF U.P. [LAWS(ALL)-2010-12-198] [REFERRED TO]
ATUL BIDHURI VS. STATE, GOVT OF NCT OF DELHI [LAWS(DLH)-2021-3-60] [REFERRED TO]
SUPERINTENDENT AND REMEMBRANCER OF LEGAL AFFAIRS WEST BENGAL VS. RICHARD WINN HARCOS [LAWS(CAL)-1974-4-10] [REFERRED TO]
P. S. JAYAPRAKASH VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(KER)-2023-1-243] [REFERRED TO]
SHAMSUDEEN VS. STATE OF KERALA [LAWS(KER)-2023-3-192] [REFERRED TO]
DARSHAN SINGH VS. SUPERINTENDENT CUSTOMS [LAWS(J&K)-1989-12-4] [REFERRED TO]
RACHIN BANSAL VS. STATE OF NCT OF DELHI [LAWS(DLH)-2022-4-30] [REFERRED TO]
BHAGESH KUMAR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2020-3-28] [REFERRED TO]
RAJAT VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2020-1-68] [REFERRED TO]
AIYESHA DAUGHTER OF SHRI ANIL KHAN VS. STATE OF H.P. [LAWS(HPH)-2016-3-158] [REFERRED TO]
SHAKTI CHAND AND ANOTHER VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2016-6-86] [REFERRED TO]
SURINDER VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2016-6-102] [REFERRED TO]
STATE OF GUJARAT VS. M N DINESH [LAWS(GJH)-2008-1-86] [REFERRED TO]
SANGAPPA VS. STATE OF KARNATAKA [LAWS(KAR)-1978-1-27] [REFERRED TO]
JOHN FRENANDES VS. STATE OF GOA [LAWS(BOM)-2010-4-42] [REFERRED TO]
IN RE: D. RAMAMURTHY VS. STATE [LAWS(MAD)-1981-3-59] [REFERRED TO]
LAXMAN JARAKIHOLI VS. STATE OF KARNATAKA [LAWS(KAR)-1989-6-53] [REFERRED TO]
SURATH BEHERA VS. STATE OF ORISSA [LAWS(ORI)-1986-12-11] [REFERRED TO]
GURBAX SINGH ALIAS KUKU VS. STATE OF PUNJAB [LAWS(P&H)-2001-9-53] [REFERRED TO]
SHERLY JOSEPH VS. STATE OF KERALA [LAWS(KER)-2024-1-59] [REFERRED TO]
ARJUN K AJAYAN VS. STATE OF KERALA [LAWS(KER)-2024-1-101] [REFERRED TO]
PULLACHI CHANDU VS. STATE OF KERALA [LAWS(KER)-1978-6-26] [REFERRED TO]
SHARDA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2001-1-65] [REFERRED]
STATE OF RAJASTHAN VS. SHAMSUNISSA @ MARIYAN [LAWS(RAJ)-2001-8-131] [REFERRED TO]
STATE OF UTTAR PRADESH VS. POOSU:1 NAGAU 2 RAMESHWAR PRASAD [LAWS(SC)-1976-4-1] [FOLLOWED]
STATE OF GUJARAT VS. SALIMBHAI ABDULGAFFAR SHAIKH [LAWS(SC)-2003-9-85] [REFERRED]
NAND LAL MORE VS. STATE [LAWS(P&H)-1963-10-1] [REFERRED TO]
VED PARKASH GOEL VS. COMMISSIONER CENTRAL BUREAU OF NARCOTICS [LAWS(DLH)-2000-5-75] [REFERRED]
SURINDER MOHAN KATWAL VS. STATE OF H.P. [LAWS(HPH)-2003-6-14] [REFERRED]
SANDEEP VS. STATE (NCT OF DELHI) [LAWS(DLH)-2016-1-356] [REFERRED TO]
DEEPAK KUMAR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2015-1-46] [REFERRED TO]
VIJENDER SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2015-11-21] [REFERRED TO]
R.D. SHARMA VS. STATE OF H.P. [LAWS(HPH)-2014-10-50] [REFERRED TO]
KULWINDER KUMAR VS. STATE OF H.P. [LAWS(HPH)-2014-11-52] [REFERRED TO]
GURPREET SINGH SON OF GURBACHAN SINGH VS. STATE OF H P [LAWS(HPH)-2015-4-79] [REFERRED TO]
KAMESHWAR S/O LATE PARMA RAM VS. STATE OF H P [LAWS(HPH)-2015-5-17] [REFERRED TO]
RAVI KUMAR VS. STATE OF H.P. [LAWS(HPH)-2015-5-59] [REFERRED TO]
MALKIYAT SINGH SON OF CHIMAN SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2015-5-154] [REFERRED TO]
ARJUN VS. STATE OF NCT OF DELHI [LAWS(DLH)-2015-11-202] [REFERRED TO]
ANMOL SINGH VS. STATE [LAWS(DLH)-2013-5-397] [REFERRED TO]
VIJENDRA RANA VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(DLH)-2012-5-676] [DISTINGUISHED]
DHARMENDRA MISHRA ( MAJOR B C ) VS. PRADEEP KUMAR MISHRA & 4 OTHERS [LAWS(ALL)-2018-2-169] [REFERRED TO]
DATTATRAYA SAMANT VS. STATE OF MAHARASHTRA [LAWS(BOM)-1980-8-7] [REFERRED TO]
BUDDHIKOTA SUBBARAO VS. STATE OF MAHARASHTRA [LAWS(BOM)-1989-1-42] [REFERRED TO]
SURENDRA DUBEY S/O GEND RAM DUBEY VS. STATE OF CHHATTISGARH [LAWS(CHH)-2018-7-199] [REFERRED TO]
MOHAMMAD ZAID VS. STATE OF U.P. [LAWS(ALL)-2023-5-80] [REFERRED TO]
SHAJI VAZHAKKALA VS. STATE OF KERALA [LAWS(KER)-2024-7-36] [REFERRED TO]
NANHA S O NABHAN KHA VS. STATE OF UTTAR PRADESH [LAWS(ALL)-1992-9-122] [REFERRED TO]
JIBANGSHU PAUL,S/O LATE NALINI PAUL VS. NATIONAL INVESTIGATION AGENCY [LAWS(GAU)-2011-7-85] [REFERRED TO]
PRADEEP KUMAR AND ORS. VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2016-3-19] [REFERRED TO]
KUNDAN SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2016-3-63] [REFERRED TO]
POOJA DEVI WIFE OF SHRI SANJAY SHARMA VS. STATE OF H.P. [LAWS(HPH)-2016-4-99] [REFERRED TO]
SURESH KUMAR S/O JHABE RAM VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2016-5-406] [REFERRED TO]
TEJU VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2016-6-7] [REFERRED TO]
GAURAV VS. STATE OF HP [LAWS(HPH)-2016-6-9] [REFERRED TO]
SURENDER KUMAR & OTHERS VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2016-6-41] [REFERRED TO]
PRATAP SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2016-7-46] [REFERRED TO]
RAJAT KUMAR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2019-11-25] [REFERRED TO]
SUDHA BHARADWAJ VS. STATE OF MAHARASHTRA [LAWS(BOM)-2019-10-67] [REFERRED TO]
STATE OF GUJARAT VS. DEEPAK JASVANTLAL SHETH [LAWS(GJH)-1998-1-23] [REFERRED TO]
NASSURULLAH KHAN VS. UNION TERRITORY OF J & K [LAWS(J&K)-2021-7-33] [REFERRED TO]
D RAMAMURTHY VS. STATE [LAWS(MAD)-1981-3-42] [REFERRED TO]
KANNAPPA YALLAPPA NAYAK VS. STATE OF KARNATAKA [LAWS(KAR)-2021-9-51] [REFERRED TO]
JAGANNATH MISHRA VS. STATE OF BIHAR [LAWS(PAT)-1998-11-79] [REFERRED TO]
MEENA DEVI AND OTHERS VS. THE STATE OF BIHAR [LAWS(PAT)-1985-2-40] [REFERRED TO]
TAMMANA BEGUM VS. UMANAND VIJAY [LAWS(RAJ)-2020-10-23] [REFERRED TO]
GURBAKSH SINGHSIBBIA SARBAJIT SINGH VS. STATE OF PUNJAB [LAWS(SC)-1980-4-56] [REFERRED TO]
STATE VS. JASPAL SINGH GILL [LAWS(SC)-1984-6-2] [RELIED ON]
GURCHARAN SINGH RAJ KUMAR SHARMA VS. STATE DELHI ADMINISTRATION :STATE DELHI ADMINISTRATION [LAWS(SC)-1977-12-1] [FOLLOWED]
SUNIL VS. STATE OF KERALA [LAWS(KER)-2024-9-42] [REFERRED TO]
JAGRAM VS. GHAMANDI, CHANDER, HARI RAM, OMPRAKASH. [LAWS(RAJ)-1979-11-42] [REFERRED TO]
JAI SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-1992-10-35] [REFERRED TO]
RAMESH VS. STATE OF U.P. [LAWS(ALL)-2010-12-109] [REFERRED TO]
STATE (NCT OF DELHI) VS. HARPREET SINGH KHALSA [LAWS(DLH)-2024-11-65] [REFERRED TO]
KAMAL K CHADHA VS. B S SUBHEDAR [LAWS(BOM)-1980-7-1] [REFERRED TO]
SAGAR TOMAR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2015-12-132] [REFERRED TO]
KAPIL VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2015-11-46] [REFERRED TO]
ANURAG VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2015-11-47] [REFERRED TO]
RAJ KUMAR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2015-11-15] [REFERRED TO]
PANKAJ SHARMA SON OF DINA NATH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2015-5-199] [REFERRED TO]
HEM RAJ VS. STATE OF H P [LAWS(HPH)-2016-11-234] [REFERRED TO]
SANJU RAM S/O SH. BACHITAR SINGH. VS. STATE OF H.P. [LAWS(HPH)-2016-1-7] [REFERRED TO]
VIJAY KAUSHAL VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2014-7-107] [REFERRED TO]
KARAN KALYAN VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2014-7-155] [REFERRED TO]
DILBAG SINGH SON OF LATE BHODA RAM VS. STATE OF H P [LAWS(HPH)-2014-11-68] [REFERRED TO]
SACHIN VS. STATE OF H.P. [LAWS(HPH)-2014-12-61] [REFERRED TO]
JAGAR SINGH VS. STATE OF H.P. [LAWS(HPH)-2014-9-178] [REFERRED TO]
GOVERDHAN DASS SON OF SHRI MAYA RAM VS. STATE OF H.P. [LAWS(HPH)-2016-3-75] [REFERRED TO]
ROSHAN LAL (IN JAIL) VS. STATE OF H.P. [LAWS(HPH)-2016-4-175] [REFERRED TO]
STATE VS. ADI RAJARAM [LAWS(MAD)-1996-2-88] [REFERRED TO]
LUKMAN VS. STATE OF HARYANA [LAWS(P&H)-2019-10-37] [REFERRED TO]
LUKMAN VS. STATE OF HARYANA [LAWS(P&H)-2019-10-37] [REFERRED TO]
STATE VS. KHITISH CHANDRA PALTA SINGH AND TWO ORS. [LAWS(ORI)-1972-6-11] [REFERRED TO]
STATE OF GUJARAT VS. NARENDRA K AMIN [LAWS(GJH)-2008-1-337] [REFERRED TO]
LALIT GOEL VS. COMMISSIONER OF CENTRAL EXCISE [LAWS(DLH)-2007-7-9] [REFERRED TO]
DEVENDER KUMAR AGGARWAL VS. STATE NCT OF DELHI [LAWS(DLH)-2010-4-208] [REFERRED TO]
BHADRESH BIPINBHAI SHETH VS. STATE OF GUJARAT AND ORS. [LAWS(SC)-2015-9-4] [REFERRED TO]
JAYENDRA SARASWATHI SWAMIGAL VS. STATE OF TAMIL NADU [LAWS(SC)-2005-1-100] [REFERRED TO]
PRAVEEN KUMAR D.A VS. STATE OF KERALA [LAWS(KER)-2024-9-10] [REFERRED TO]
SHOMA KANTI SEN VS. STATE OF MAHARASHTRA [LAWS(SC)-2024-4-15] [REFERRED TO]
STATE OF JHARKHAND VS. SANDEEP KUMAR [LAWS(SC)-2024-3-18] [REFERRED TO]
BAPI @ ARINDAM SARKHEL VS. STATE OF ORISSA [LAWS(ORI)-2017-4-73] [REFERRED TO]
Om Prakash VS. State of Rajasthan [LAWS(RAJ)-1979-5-10] [REFERRED TO]
POKAR RAM VS. STATE OF RAJASTHAN [LAWS(RAJ)-1984-7-10] [REFERRED TO]
INDIRA BAI VS. STATE OF RAJASTHAN [LAWS(RAJ)-1992-1-21] [REFERRED TO]
BIMAL KUMAR VS. STATE OF ODISHA [LAWS(ORI)-2023-5-269] [REFERRED TO]
DURGA PRASAD MISHRA VS. UNION OF INDIA (ENFORCEMENT DIRECTORATE) [LAWS(ORI)-2023-9-12] [REFERRED TO]
B S RAWAT ASSISTANT OLLECTOR OF CUSTOMS VS. ANDRE CHRISTOPHER MIDLARZ [LAWS(BOM)-1987-12-1] [REFERRED TO]
B S RAWAT ASSTT COLLECTOR OF CUSTOMS VS. ANDRE CHRISTOPHER MYDLARZ [LAWS(BOM)-1987-12-26] [REFERRED TO]
ABDUL GANI VS. STATE OF MAHARASHTRA [LAWS(BOM)-1989-11-19] [REFERRED TO]
GOPAL GOYAL VS. STATE OF NCT OF DELHI [LAWS(DLH)-2012-11-115] [REFERRED TO]
SACHIN VS. STATE OF H.P. [LAWS(HPH)-2015-12-5] [REFERRED TO]
AJAY KUMAR VS. STATE OF H.P. AND ORS. [LAWS(HPH)-2015-3-82] [REFERRED TO]
MOHAMAD IQBAL VS. STATE OF H.P [LAWS(HPH)-2015-4-134] [REFERRED]
JATINDER SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2015-5-28] [REFERRED TO]
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JOLLY BANSAL VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2014-8-45] [REFERRED TO]
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RASHMINBHAI MAFATBHAI PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2001-5-18] [REFERRED]
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NAUSHAD VS. STATE OF NCT OF DELHI [LAWS(DLH)-2020-8-113] [REFERRED TO]
PRABHUDAYAL GUPTA VS. STATE [LAWS(CAL)-1973-11-6] [REFERRED TO]
MAHENDER YADAV VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(DLH)-2016-11-3] [REFERRED TO]
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RAKESH KUMAR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2015-5-200] [REFERRED TO]
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GURBAKSH SINGH SIBIA VS. STATE OF PUNJAB [LAWS(P&H)-1977-9-7] [REFERRED TO]
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JUDGEMENT

Wahchoo, J. - (1.)The respondent Jagjit Singh along with two others was prosecuted for conspiracy and also under Ss 3 and 5 of the Indian Official Secrets Act. No. XIX of 1923, (hereinafter called the Act). The respondent is a former captain of the Indian Army and was at the time of his arrest in December, 1960, employed in the delegation in India of a French company. The other two persons were employed in the Ministry of Defence and the Army Headquarters, New Delhi. The case against the three persons was that they in conspiracy had passed on official secrets to a foreign agency.
(2.)The respondent applied for bail to the Sessions Judge; but his application was rejected by the Additional Sessions Judge, Delhi. Thereupon the respondent applied under S. 498 of the Code of Criminal Procedure to the High Court, and the main contention urgent before the High Court was that on the facts disclosed the case against the respondent could only be under S.5 of the Act which is bailable and not under S. 3 which is not bailable. The High Court was of the view that it was hardly possible at that stage to go into the question whether S. 3 or S. 5 applied; but that there was substance in the suggestion on behalf of the respondent that the matter was arguable. Consequently the High Court took the view in that as the other two persons prosecuted along with the respondent had been released on bail, the respondent should also be so released, particularly as it appeared that the trial was likely to take a considerable time and the respondent was not likely to abscond. The High Court, therefore, allowed bail to the respondent. Thereupon the State made an application for special leave which was granted. The bail granted to the respondent was cancelled by an interim order by this Court, and the matter has now come up before us for final disposal.
(3.)There is in our opinion a basic error in the order of the High Court. Whenever an application for bail is made to a court, the first question that it has to decide is whether the offence for which the accused is being prosecuted is bailable or otherwise. If the offence is bailable, bail will be granted under S. 496 of the Code of Criminal Procedure without more ado; but if the offence is not bailable, further considerations will arise and the Court will decide the question of grant of bail in the light of those further considerations. The error in the order of the High Court is that it did not consider whether the offence for which the respondent was being prosecuted was a bailable one or otherwise. Even if the High Court thought that it would not be proper at that stage, where commitment proceedings were to take place, to express an opinion on the question whether the offence in this case fell under S. 5 which is bailable or under S. 3 which is not bailable, it should have proceeded to deal with the application on the assumption that the offence was under S. 3 and therefore not bailable. The High Court, however, did not deal with the application for bail on this footing, for in the order it is said that the question whether the offence fell under S. 3 or S. 5 was arguable. It follows from this observation that the High Court thought it possible that the offence might fall under S. 5. This, in our opinion, was the basic error into which the High Court fell in dealing with the application for bail before it, and it should have considered the matter even if it did not consider it proper at that stage to decide the question whether the offence was under S. 3 or S. 5, on the assumption that the case fell under S. 3 of the Act. It should then have taken into account the various considerations, such as, nature and seriousness of the offence, the character of the evidence, circumstances which are peculiar to the accused, a reasonable possibility of the presence of the accused not being secured at the trial, reasonable apprehension of witnesses being tampered with, the larger interests of the public or the State, and similar other considerations which arise when a court is asked for bail in a non-bailable offence. It is true that under S. 498 of the Code of Criminal Procedure, the powers of the High Court in the matter of granting bail are very wide; even so where the offence is non-bailable, various considerations such as those indicated above have to be taken into account before bail is granted in a non-bailable offence. This the High Court does not seem to have done, for it proceeded as if the offence for which the respondent was being prosecuted might be a bailable one.


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