J.C.VERMA, J. - (1.) THE present application has been filed by State of Rajasthan for cancellation of bail granted to accused in bail application No. 3177/2000 vide order dated 14.3.2001. The other co-accused persons have not been granted the benefit of bail.
(2.) THE respondent and her husband Sabir @ Babu Khan are accused in FIR No. 1/2000 at Special Police Station, Jaipur registered for the offence under Section 3/9 of the Official Secrets Act read with Section 120B IPC. The FIR was lodged against Sarva Shri Ashok Kumar Yadav, Mohd. Sabir @ Babu Khan, Shamsunissa @ Mariyan, Isab @ Yusuf and Idrish Khan on the allegation that they were involved in anti-national activities by passing secret information of sensitive nature to the enemy country, which could seriously jeopardize national security. The documents seized were of sensitive nature containing military information. As per case filed against the said persons including Shamsunissa alleging therein that one Pakistani National Munir Ahmed was providing funds for anti-national activities and that accused Iqbal Motiwala was instrumental in making payment to Pak Agent Munir Ahmed.
(3.) THE accused respondent moved application for bail before the learned trial Court, which was rejected by the learned Sessions Judge vide order dated 4.7.2000. However, the bail application of accused respondent was allowed on the ground that the bail application No. 114/2001, filed by one Iqbal Motiwala, was allowed on the ground of interpretation of sub-section (2) of Section 1 of the Indian Official Secrets Act, 1923. The accused had submitted that the respondent is not a Govt. servant and he was not living outside India and therefore he was entitled to be released on bail. The order passed on 14.3.2001 in bail application No. 3177/2000.;