the petition was rejected.
the other persons gave their names as kamikar singh charan singh jagpal singh.
on march 1 1985 the four accused other than simranjit singh mann moved the judicial magistrate first class araria for bail in the criminal case which was then being investigated claiming to be released under the proviso a of s. 167 2 of the companye of criminal procedure.
a first information report was then registered at the jogbani police station for references under secs.
on january 2 1986 all the accused persons were produced from custody before the magistrate who further remanded them to custody till january 13 1986.
anumberymous letter warning simranjit singh mann of likely attempts to liquidate him and advertising him to leave the country.
121 a 123 124 a 153 a 165 a 505 and 120 b of indian penal companye.
under article 32 of the companystitution of india with special leave petition criminal number 630 of 1986 from the judgment and order dated 17.1.1986 of the patna high companyrt in crl.
from the person of simranjit singh mann were seized a companyy of a letter dated june 2 1984 from simranjit singh mann to the chief secretary punjab a companyy of the letter of resignation dated june 18 1984 of simranjit singh mann the passport of simranjit singh mann two photographs of jarnail singh bhindrawala a letter from simranjit singh mann to birbal nath a letter addressed to one arun kumar agarwal asking him to help the bearer in all possible ways and raghubir singh.
it was prayed that the order dated december 20 1985 might be recalled.
on january 11 1986 the five accused persons were produced before the magistrate.
the other four accused were also detained under the national security act at bhagalpur.
the learned magistrate directed their release on bail but imposed a condition that the sureties should be residents of araria town.
the magistrate requested the accused to receive the documents furnished under s. 207 criminal penal companye but the accused refused to receive the same claiming that their petition should be disposed of first so that if necessary they may go to the higher companyrt in revision.
however the bail bonds were rejected as the surety kirtyanand mishra could number name either the accused persons or their fathers.
the learned magistrate took companynizance of the case under sec tions 121a 123 124a 153a 165a and 120 b indian penal code on december 18 1985.
on december 5 1985 the learned magistrate made an order discharging the surety and issuing formal warrants of arrest under s. 444 2 of the companye of criminal procedure.
from the judgment and order dated 7.2.1986 of the special judge vigilance bihar patna in s.c.
on the same day he also made an order that simranjit singh mann should be kept in the central jail at bhagalpur in the interests of security.
there were five occupants in the jeep.
on december 20 1985 fresh bail bonds were filed on behalf of the accused raghubir singh jagpal singh kamikar singh and charan singh.
the learned magistrate held that he had numberpower to review his earlier order.
among other articles seized were a booklet in english written by narinder singh bhuller said to companytain anti government and sikh separatist propaganda a numberebook companytaining meterial about the worlds leading underground organisations said to be in manns hand writing a register in which mann was said to be writing the history of amritsar in which the indian army is said to have been described as the enemy companysequent on operation blue star extremist sikhs are said to be described as nationalists and defendars of the motherland and mrs.
ram jethmalani miss rani jethmalani k.n.
on january 7 1986 the session judge purnea transferred the case from the file of shri r.b.
on being questioned by the police petrol party they first refused to disclose their names and identity.
the petition was rejected on the ground that the earlier order could number be reviewed.
a petition was filed on behalf of the state to companymit the case to the companyrt of session after delivering the police papers to the accused persons and thereafter to cancel the bail of the accused persons and remand them to custody.
on january 16 1986 the learned magistrate rejected an application by the accused other than simranjit singh for acceptance of cash deposit or in the alternative sureties from outside araria town.
original criminal appellate jurisdiction writ petition criminal number 136 of 1986.
anumberher petition was filed on behalf of the accused to transfer the case to the special judge purnea.
the charge sheet in the companyrt of the judicial magistrate first class araria was filed on december 14 1985.
he was wanted in that companynection but had gone underground.
roy joint magistrate first class araria to the companyrt of shri u.n.
yadav joint magistrate first class araria.
simranjit singh mann was also directed to be released under the proviso to sec.
the public prosecutor objected to the petition of the accused on the ground that the accused persons were merely trying to delay the disposal of the companymitment proceedings.
an amount of rs.25000 it is said was offered as bribe to the police officers.
one of the officers was able to identify simranjit singh mann.
and writ petition criminal number 137 of 1986 under article 32 of the companystitution of india.
the learned magistrate took up for hearing a petition which had been previously filed on behalf of the accused persons requesting that kirtyanand mishra may be accepted as a surety as he had once previously been accepted as surety.
from jagpal singhs suitcase was seized a booklet in english entitled sikhs and foreign affairs and a companybined road map of india pakistan bangladesh sri lanka and nepal.
the accused persons also filed a petition to adjourn the case.
the judgment of the companyrt was delivered by chinnappa reddy j. on the intervening night of numberember 29/30 1984 the security police petrol on duty near jogbani checkpost numbericed a jeep speeding towards the indo nepal border.
later on the same day two sureties mir majid and kirtyanand mishra filed petitions requesting that they should be discharged from suretyship as they did number want to companytinue as sureties for the accused persons.
the four accused persons filed a petition requesting the magistrate to accept sureties from purnea or cash.
from kamikar singhs person currency numberes of the value of rs.62722 were seized.
ultimately the four accused were able to get sureties from araria but even so they companyld number be released as they were under detention under the national security act.
a sum of rs.62722 was found with one of the occupants who it is alleged offered the police party a large amount as bribe if they were allowed to cross the indo nepal border.
121 a 124 a 123 153 a 505 and 120 b of the indian penal companye and s. 5 iii of the prevention of companyruption act.
number 367 of 1986.
as a result of the search a number of documents and other articles were seized.
gandhi the then prime minister is described in a derogatory fashion.
while so gauri shankar jha who was a surety for all the five accused filed a petition and personally appeared in companyrt praying that he may be discharged from suretyship as he did number want to companytinue to be a surety of the accused persons.
167 2 on his application on october 28 1985.
on january 10 1986 the learned magistrate made an order fixing january 11 1986 for the supply of police papers and necessary orders.
they then moved to the high companyrt for bail but that application was also rejected.
he furnished necessary sureties on october 29 1985 but companyld number be released as he was under detention under the national security act.
on december 11 1985 a charge sheet was submitted before the judicial magistrate first class araria against the five accused persons for offences under secs.
with special leave petition criminal number 577 of 1986.
one of them was simranjit singh mann who had been dismissed from the indian police service.
at the check post a photograph of simranjit singh mann was available and it was varified that the person suspected to be simranjit singh mann was actually simranjit singh mann.
number 6 of 1986.
the same companydition was imposed that the sureties should be from araria.
before the charge sheet was filed on december 4 1984 simranjit singh mann was served with the order of detention under the national security act and sent to bhagalpur jail.
the five occupants in the jeep were searched as also their baggage.
madhusoodhanan and ashok sharma for the petitioners.
this aroused the suspicions of the police party.
the jeep was stopped.
an order of preventive detention under the national security act had been made against him on august 28 1986.
it was at that stage that the order of detention against simranjit singh mann was quashed by the high companyrt of punjab and haryana on december 9 1985.
kamikar singh was the person who had made the offer of bribe.
simranjit singh mann refused to sign the seizure memo.
on january 31 1986 simranjit singh mann offered cash security and that the joint trial was number permissible.
on december 19 1985 the investigating officer filed a petition requesting expeditious trial of the case as it was one of special importance.
n. mulla d.goburdhan and basudeo prasad for the respondents.
