VINOD SHANKAR DAVE,J. - (1.) THIS is an application under Section 439 Cr. PC in a case under Section 3/6 of I.P.P.R., 307 IPC, Section 27 of the Arms Act and Section 3/4 of Terrorist and Disruptive Activities (Prevention) Act, 1985 (here in after referred to as 'the T.A.D.A. Act') - The petitioner was taken into custody on 25th April, 1987 in FIR No. RC 8/87 registered at SPE, Jaipur. This report was lodged by Shri Nahar Singh, Company Commander, B.S.F., Sri ganganagar on 16th June, 1987. This case was registered initially against accused Mohan Inder Singh alias Pushpinder Singh alias Ajeet Singh. During the investigation of the case Shri Mohan Inder Singh made a detailed statement before the Investigating Officer where in he also made reference to the petitioner and made certain disclosures about the petitioner's rendering services for carrying out certain activities prejudicial to the security of the State. On the basis of this statement, as mentioned aforesaid, the petitioner was arrested and interrogated. It is pertinent to mention here that the petitioner prior to his arrest in this case had already been taken into custody in FIR Nos. 26 and 27 of Police Station Valtoha dated 7th February, 1987 for offences under Sections 3/4 of T.A.D.A. Act and 27 of Arms Act respectively. He was however, bailed out in these cases on 6th March, 1987. As mentioned aforesaid, having been arrested in the present case on 25th April, 1987 at Firozpur, he was brought to Jaipur for interrogation.
(2.) PETITIONER 's statament was recorded by the Investigating Officer and the investigation continued. Meanwhile the accused moved an application for grant of bail before the learned Sessions Judge, Jaipur City, Jaipur which was rejected by order dated 18th June, 1987. It is thereafter that the accused moved the present bail application. This bail application initially was heard on 14 -7 -87 on which date time was prayed for on behalf of the CBI Diary was produced before me on 17th July, 1987 on which date counsel for the accused wanted some documents to be filed in support of the application which he produced on 23 rd July, 1987. Arguments were concluded on 4th August, 1987 and the parties were directed to pass over the copies of the documents they relied upon during the course of arguments. Learned Public Prosecutor was also directed to furnish the diary. Diary was furnished on the next date but the learned counsel for the petitioner forwarded the documents which he relied on 20th August, 1987. During the course of arguments, learned counsel for the petitioner submitted that petitioner has been falsely implicated into this case and the accused Mohan Inder Singh has given statements implicating him for the purpose of black mailing. It is submitted that the petitioner has a very important position in the society in as much as he a member of a legislative assembly, his father was a member of Parliament and a Minister in Barnala Ministry, his father in -law was the Chief Minister of Punjab at one lime and, therefore, his position is sought to be exploited. It is and further submitted that whatever has been stated by Mohan Inder Singh against him, is not corroborated by any evidence and besides this about the arms recovered from him, he has already been released on bail by the Designated Court in Punjab. His further submission is that he has been time and again arrested by falsely implicating in cases and in this case also he is being maliciouly ropped in. It is submitted that if the entire evidence collected by the police so far is relied upon even then no conviction is possible in the case and therefore, the accused is entitled to be released on bail.
(3.) LEARNED Public Prosecutor submitted that there is evidence to the effect that Mohan Inder Singh alias Pushpinder Singh is a prominent pro -Khalistani leader and is an Executive Member of I.S.Y.F. who was arrested after exchange of fire with B.S.F. personnel while he was returning from Pakistan after holding negotiation with Pakistan's Army Officials in regard to disputings of weapon's consignment from Pakistan to India. It is submitted that these weapons were being imported to India for making them available for killing VIPs and carrying out terrorist activities. Mohan Inder Singh met the petitioner in November, 1986 and the petitioner assured him his full support in smuggling the arms from Pakistan by using his good offices in Mandawat and Zalalbag sectors. He also assured Mohan Inder Singh that he will get him a job through his father's influence in a fictitious name so that his identity cannot be known. It is submitted that T.A.D.A. Act is a special Act where the accused should not be released on bail.;