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PETITIONER: GIANI PRATAP SINGH

       Vs.

RESPONDENT: STATE OF RAJASTHAN & ANR.

DATE OF JUDGMENT04/09/1995

BENCH: AHMADI A.M. (CJ) BENCH: AHMADI A.M. (CJ) SEN, S.C. (J)

CITATION:  1996 AIR   74            1995 SCC  (5) 591  1995 SCALE  (5)93

ACT:

HEADNOTE:

JUDGMENT:                       O R D E R      Leave granted.      On   26th December, 1990, the appellant was arrested by the SHO,  Police Station, Nanded, in connection with FIR No. 150.90. The charge-sheet was filed against the appellant and also other accused persons for an offence under Section 6 of the Terrorist  and  Disruptive Activities  (Prevention) Act, 1987 read  with Sections  286, 120B  and 34  of Indian Penal Code read with Section 9(B) of the Indian Explosives Act, on 19th December, 1991. The appellant is a priest. He is now in jail for  more than four years and eight months continuously except for  a short  period of  21/2 months  when he  was on parole  on  medical  grounds.  The  minimum  sentence  under Section 6 of the TADA Act is only five years.      The appellant  applied for  grant of  bail some time in June,  1994.   Before  the   appellant  had   made   several applications for bail, which were all rejected.      On 18th  January, 1995, the Designated Court once again rejected the  bail application  stating, inter alia, that no fresh ground  had come  into existence  for  granting  bail, since  June,   1994  when  the  last  bail  application  was rejected.      We have  perused the  record of  the case heard counsel for both  the parties.  We are of the view that in the facts of this case, the appellant should be released on bail.      The order  dated  18th  January,  1995  passed  by  the Designated Court for Rajasthan, Ajmer, is set aside.      The appellant  herein, Giani  Pratap Singh, is directed to be  released on  bail on  executing a  bond for  a sum of Rs.50,000/- (Rupees  fifty thousand  only) with two sureties of the  like amount  to the  satisfaction of  the Designated Court, Ajmer, Rajasthan.      The undertrial  accused shall,  on  being  released  on bail, present  himself  at  the  police  station  which  has prosecuted him  at least  once in a week. He will also  make

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himself available  for interrogation  and trial  as and when necessary. He  shall not  leave the  area falling within the jurisdiction  of  the  Designated  Court,  except  with  the permission  of  the  Judge  of  the  Designated  Court.  The Designated Court  will be  at liberty to cancel bail, if any of the  conditions  of  bail  are  violated  or  a  case  of cancellation of  bail is otherwise made out. It will also be open to the respondents to move for cancellation of the bail in case  the appellant refuses to co-operate in the trial or interrogation.      The appeal is disposed of accordingly.