Long period of incarceration is a good ground to grant bail – Pb & Hry HC
D.D: 21.12.2021
Punjab and Haryana High Court observed in a bail application in the case of Union of India versus K.A. Najeeb (supra), the Supreme Court has held that long custody would be an essential factor while granting bail under the UAPA. Article 21 of the Constitution of India provides right to speedy trial and long period of incarceration would be a good ground to grant bail to an under-trial for an offence punishable under the UAPA.
Facts – Petitioner has been arraigned as an accused on the statement of co-accused Dharminder Singh @ Fauji – petitioner had posted on her Facebook about ‘Sikhs for Justice 2020 Referendum’ – no allegation taken part in any unlawful activity under sections – argued -Sikhs for Justice Organisation’ banned in July, 2019 while posted on Facebook on 31.05.2018 – state opposed bail – contends – petitioner actively indulged in unlawful activities – part of a group which was carrying out activities related to referendum-2020 – Circulated the video recording of the incident after the wine shop set on fire – recovery of six mobile phones and five pen drives and audio recording conversation with co-accused wherein Petitioner was stating a newspaper get registered and carry out assassinations.
Punjab and Haryana High Court further observed in bail application that the allegations against the petitioner are that she had posted about ‘referendum-2020’ on her facebook account and there is stated to be an audio recording of the petitioner being in conversation with co-accused. Its authenticity and evidentiary value would be determined at the trial. There is no reference to any act of violence (overt) which was committed by any of the accused in the instant case or that any individual had been harmed in the instant case.
Court Held – authenticity and evidentiary of audio recording determined at the trial – No act of violence committed – No one harmed – petitioner is a lady with three minor children- nine months old child lodged with her in jail – petitioner in custody for over two years and three months -Challan has been filed but there is no likelihood of the trial being concluded soon – Bail Allowed.
Deep Kaur @ Kulvir Kaur
Versus
State of Punjab
