‘Main Conspirators Not Arrested, Unexplained Delay In Filing Supplementary Chargesheets’: Delhi High Court Grants Bail To UAPA Accused
The Delhi High Court has granted regular bail to two men charged under UAPA in a fake currency notes case, considering that the main conspirators have not been arrested or charged under UAPA and that there has been unexplained delays in filing supplementary chargesheets.A division bench of Justice Mukta Gupta and Justice Poonam A Bamba also took note of the fact that the accused have been...
The Delhi High Court has granted regular bail to two men charged under UAPA in a fake currency notes case, considering that the main conspirators have not been arrested or charged under UAPA and that there has been unexplained delays in filing supplementary chargesheets.
A division bench of Justice Mukta Gupta and Justice Poonam A Bamba also took note of the fact that the accused have been in custody for over six years and that despite directions of the court to conclude trial within one year from May 5 last year, “only a few further witnesses have been examined” in the last eight months.
“…. 18 witnesses are still to be examined, besides the 12 witnesses already examined are required to be recalled for cross-examination by the two other accused and the minimum sentence prescribed for offence under Section 15 (1) (a) (iii a) UAPA being 5 years imprisonment, this Court deems it fit to grant regular bail to the petitioners pending trial,” the court said.
The court granted regular bail to Moti Lal Basak and Vikas Kumar Sharma in a case registered under sections 489(B), (C) and 120B of IPC and section 15(1)(a)(iii a) of UAPA. They were in custody since June 19, 2016. The trial is still ongoing.
Section 15(1)(a)(iii a) of UAPA defines a terrorist act as “damage to, the monetary stability of India by way of production or smuggling or circulation of high quality counterfeit Indian paper currency, coin or of any other material.”
It is the prosecution’s case that both the accused were part of a syndicate operating from Patiala jail in conspiracy with three other men namely Manga Singh, Baljinder Singh and Vishnu. It is alleged that the petitioners indulged in trading, supplying and buying of fake currency notes of high quality.
While Manga Singh and Baljinder were interrogated, they were not formally arrested. Vishnu, on the other hand, has not been apprehended till date.
The FIR was registered after an interception was carried out of the mobile phone of Manga Singh who was in custody in jail. The two petitioners were apprehended at Delhi’s Anand Vihar Metro Station on the basis of the interception and a recovery of ₹1 and ₹2 lakhs fake currency notes was made from them, according to the prosecution.
It was submitted on behalf of the petitioners that a supplementary chargesheet was filed against Manga Singh and Baljinder Singh only on April 22 last year without arresting them and that the 16 witnesses already examined in the matter will have to be recalled for cross-examination. It was thus argued that the trial would take a long time to conclude.
It was also contended that even if the prosecution’s case is taken on the face of it, the petitioners would at best be the carriers. The other main accused Baljinder, Manga and Vishnu have not been arrested, the court was told.
It was submitted that qua Baljinder and Manga, the chargesheet has not been filed under section 15 (1) (a) (iii a) of UAPA.
The prosecution opposed the grant of regular bail to the petitioners by submitting that recovery of fake currency notes was made from them and that Call Detail Record (CDR) showed connectivity between all the accused.
Granting regular bail to the petitioners, the court noted that though the supplementary chargesheet filed qua Baljinder and Manga was prepared on November 21, 2019, it was filed before concerned court only on April 28 last year.
The bench said that the investigating agency caused “further gross delay” in not only investigating their role but also in filing of the supplementary chargesheet and the continued detention of the petitioners.
“As noted above, no charge for offence under Section 15 (1) (a) (iii a) of UAPA has been framed against the main conspirators i.e. Baljinder Singh and Manga Singh, though the petitioners who are admittedly as per the prosecution case only carriers were charged for offence punishable under Section 15 (1) (a) (iii a) of UAPA,” the court said.
Title: MOTI LAL BASAK v. STATE OF NCT OF DELHI and other connected matter
Citation: 2023 LiveLaw (Del) 199