Chinnappa Reddy, J. - (1.) On the intervening night of November 29/30, 1984, the Security Police Patrol on duty near Jogbani Checkpost noticed a jeep speeding towards the Indo-Nepal border. The jeep was stopped. There were five occupants in the jeep. One of them was Simranjit Singh Mann who had been dismissed from the Indian Police Service. An order of preventive detention under the National Security Act had been made against him on August 29, 1986. He was wanted in that connection but had gone 'underground'. On being questioned by the police patrol party, they first refused to disclose their names and identity. This aroused the suspicions of the police party. One of the officers was able to identify Simranjit Singh Mann. The five occupants in the jeep were searched as also their baggage. A sum of Rs. 62,722 was found with one of the occupants, who it is alleged offered the police party a large amount as bribe if they were allowed to cross the Indo-Nepal Border. As a result of the search, a number of documents and other articles were seized. From the person of Simranjit Singh Mann were seized, a copy of a letter dated June 2, 1984 from Simranjit Singh Mann to the Chief Secretary, Punjab, a copy of the letter of resignation dated June 18, 1984 of Simranjit Singh Mann, the Passport of Simranjit Singh Mann, two photographs of Jarnail Singh Bhindrawala, a letter from Simranjit Singh Mann to Birbal Nath, a letter addressed to one Arun Kumar Agarwal asking him to help the bearer in all possible ways and an anonymous letter warning Simranjit Singh Mann of likely attempts to liquidate him and advising him to leave the country. Simranjit Singh Mann refused to sign the seizure memo. From Kamikar Singh's person, currency notes of the value of Rs. 62,722 were seized. An amount of Rs. 25,000, it is said, was offered as bribe to the Police Officers. From Jagpal Singh's suitcase was seized a booklet in English entitled 'Sikhs and Foreign Affairs' and a combined road map of India, Pakistan, Bangladesh, Sri Lanka and Nepal. Among other articles seized were a booklet in English written by Narinder Singh Bhuller said to contain anti-Government and Sikh separatist propaganda, a notebook containing material about the world's leading underground organisations said to be in Mann's handwriting, a register in which Mann was said to be writing the history of Amritsar in which the Indian Army is said to have been described as the enemy. Consequent on operation Blue-Star, extremist Sikhs are said to be described as nationalists and defenders of the motherland and Mrs. Gandhi, the then Prime Minister is described in a derogatory fashion. At the check-post, a photograph of Simranjit Singh Mann was available and it was verified that the person suspected to be Simranjit Singh Mann was actually Simaranjit Singh Mann. The other persons gave their names as Kamikar Singh. Charan Singh, Jagpal Singh and Raghubir Singh. Kamikar Singh was the person who had made the offer of bribe. A First Information Report was then registered at the Jogbani Police Station for references under Ss. 121-A, 124-A, 123, 153-A, 505 and 120-B of the Penal Code and S. 5(iii) of the Prevention of Corruption Act. Investigation started. On December 11, 1985 a charge-sheet was submitted before the Judicial Magistrate, First Class, Araria against the five accused persons for offences under Ss. 121-A, 123, 124-A, 153-A, 165-A, 505 and 120-B of Indian Penal Code.
(2.) Before the charge-sheet was filed, on December 4, 1984 Simranjit Singh Mann was served with the order of detention under the National Security Act and sent to Bhagalpur Jail. The other four accused were also detained under the National Security Act at Bhagalpur. On March to 1985 the four accused other than Simaranjit Singh Mann moved the Judicial Magistrate, First Class, Araria for bail in the criminal case which was then being investigated claiming to be released under the proviso (a) of S. 167(2) of the Code of Criminal Procedure. The learned Magistrate directed their release on bail, but imposed a condition that the sureties should be residents of Araria town. The four accused persons filed a petition requesting the Magistrate to accept sureties from Purnea or cash. The petition was rejected. Ultimately the four accused were able to get sureties from Araria, but even so they could not be released as they were under detention under the National Security Act. Simranjit Singh Mann was also directed to be released under the proviso to S. 167(2) on his application on October 28, 1985. The same condition was imposed that the sureties should be from Araria. He furnished necessary sureties on October 29, 1985, but could not be released as he was under detention under the National Security Act. While so Gauri Shankar Jha who was a surety for all the five accused filed a petition and personally appeared in Court praying that he may be discharged from suretyship as he did not want to continue to be a surety of the accused persons. On December 5, 1985 the learned Magistrate made an order discharging the surety and issuing formal warrants of arrest under S. 444(2) of the Code of Criminal Procedure. It was at that stage that the order of detention against Simranjit Singh Mann was quashed by the High Court of Punjab and Haryana on December 9, 1985. The charge-sheet in the Court of the Judicial Magistrate, First Class Araria was filed on December 14, 1985.
(3.) The learned Magistrate took cognizance of the case under Ss. 121A, 123, 124A, 153A, 165A and 120-B Penal Code on December 18,1985. On the same day he also made an order that Simranjit Singh Mann should be kept in the Central Jail at Bhagalpur in the interests of security. On December, 19, 1985, the Investigating Officer filed a petition requesting expeditious trial of the case as it was one of special importance. On December 20, 1985, fresh bail bonds were filed on behalf of the accused Raghubir Singh, Jagpal Singh, Kamikar Singh and Charan Singh. However the bail bonds were -rejected as the surety, Kirtyanand Mishra could not name either the accused persons or their fathers. On January 2, 1986 all the accused persons were produced from custody before the Magistrate who further remanded them to custody till January 13, 1986. The learned Magistrate took up for hearing a petition which had been previously filed on behalf of the accused persons requesting that Kirtyanand Mishra may be accepted as a surety as he had once previously been accepted as surety. It was prayed that the order dated December 20, 1985 might be recalled. The petition was rejected on the ground that the earlier order could not be reviewed. Later, on the same day, two sureties, Mir Majid and Kirtyanand Mishra filed petitions requesting that they should be discharged from suretyship as they did not want to continue as sureties for the accused persons. On January 7, 1986 the Sessions Judge, Purnea transferred the case from the file of Shri R. B. Roy, Joint Magistrate, First Class, Araria to the Court of Shri U. N. Yadav, Joint Magistrate, First Class, Araria. On January 10, 1986, the learned Magistrate made an order fixing January 11, 1986 for the supply of 'police papers and necessary orders'. On January 11, 1986 the five accused persons were produced before the Magistrate. A petition was filed on behalf of the State to commit the case to the Court of Session after delivering the police papers to the accused persons and thereafter to cancel the bail of the accused persons and remand them to custody. Another petition was filed on behalf of the accused to transfer the case to the Special Judge, Purnea. The accused persons also filed a petition to adjourn the case. The Magistrate requested the accused to receive the documents furnished under S. 207, Criminal Penal Code but the accused refused to receive the same claiming that their petition should be disposed of first so that if necessary they may go to the higher Court in revision. The Public Prosecutor objected to the petition of the accused on the ground that the accused persons were merely trying to delay the disposal of the commitment proceedings. The advocate for the accused persons appears to have made a submission that the case was triable by the Court of Special Judge and therefore it should be transferred to him. The learned Magistrate held that cognizance had already been taken of the case by his court and the order taking cognizance could not be recalled. The question whether the case should be transferred to the Court of Special Judge could be considered at the stage when the question whether there was a prima facie case was to be considered. The learned Magistrate then fixed January 18, 1986 as the date for furnishing copies of documents to the accused persons.;