K K JAJODIA Vs. STATE CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Brigadier (Retired) R.S. Diol has moved this application under Sec. 439 of the Code of Criminal Procedure for being released on bail for the offences under S. 120-B Indian Penal Code . read with Sections 3 and 5 of the Official Secrets Act, 1923 and substantive offence under Sections 3 and 5 of the Official Secrets Act, 1923 (hereinafter to be referred to as the Act).

(2.) R. S. Dwivedi, Deputy Superintendent of Police, C.B.I, filed a complaint against five persons including the petitioner in the court of Chief Metropolitan Magistrate for trial for the offences mentioned in paragraph No. 1. After committal proceedings the case has since been committed to the sessions court for trial and is pending.

(3.) Case R.C. 4/1987-SIU. I was registered on 17th April, 1987 in Special Investigation Cell-I, SPE / C.B.I., New Delhi and during the investigation of this case residence of the petitioner was searched on 10th November, 1988. He was arrested on llth November, 1988 and he continues to be in custody.