Keep mobile location on, High Court tells UAPA accused while granting bail

Tribune News Service

Chandigarh, December 24

A woman facing allegations of posting about ‘Sikhs for Justice 2020 Referendum’ on her Facebook page has been granted regular bail by the Punjab and Haryana High Court on the condition of keeping the location of her phone on till the trial’s conclusion.

Justice Anupinder Singh Grewal made it clear that the SHO of Jalandhar women police station would be informed and the petitioner would furnish her mobile number to the officer. She would not indulge in any illegal activity and appear before the SHO on the first Monday of every month till the trial’s conclusion.

Justice Grewal took into consideration the fact that the woman, Deep Kaur, was in custody for more than two years and there was no likelihood of the trial being concluded soon. Besides this, she had three minor children, one of whom was under two and lodged with her in jail.

The woman was seeking regular bail through counsel Simranjit Singh and Arnav Sood in an FIR registered at Rangar Nangal police station in Batala district on May 31, 2018, for attempt to murder and other offences under Sections 307, 438, 427, 148, 149 of the IPC and other provisions of the Unlawful Activities (Prevention) Act and the Arms Act. Her counsel contended that the petitioner was not named in the FIR, wherein it is alleged that a wine shop was set on fire. She was arraigned as an accused on the statement of a co-accused.

Justice Grewal added an audio recording of the petitioner in conversation with co-accused was alleged to be there. Its authenticity and evidentiary value would be determined at the trial. There was no reference to any act of violence actually committed by any of the accused or that any individual was harmed.

Justice Grewal added the Supreme Court had held that long custody would be an essential factor while granting bail under the UAPA. Article 21 of the Constitution provided 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. “It has also been held that the embargo under Section 43-D of the UAPA would not negate the powers of the Court to give effect to Article 21 of the Constitution of India,” Justice Grewal added.

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