The Division Bench comprising of Gurvinder Singh Gill, J. and Ramesh Kumari, J. dismissed the bail applications filed by the accused persons involved in the murder of targeted murder of a Dera Sacha Sauda follower, alleged to be linked to the ongoing sacrilege cases in Punjab. The Bench upheld the dismissal of bail invoking the high threshold under section 43D(5) of the Unlawful Activities Prevention Act, 1967, the prima facie materials showing deep-rooted conspiracy and the accused person’s criminal antecedents. QUESTIONS OF LAW INVOLVED Whether the Trial Court erred in rejecting regular bail despite the alleged lack of direct evidence against the Appellants? Whether disclosures by co-accused and confessional statements during investigation could form basis of prima facie satisfaction under Section 43D(5) of the UAPA? Whether long incarceration and delay in trial dilute the statutory [Read More]

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