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Supreme Court of India 2024-02-07 dismissed

GURWINDER SINGH vs STATE OF PUNJAB & ANOTHER

Bench: 2 — M.M. Sundresh, Aravind Kumar

In Brief

The Supreme Court rejected bail for Gurwinder Singh, accused of terrorist activities under the Unlawful Activities (Prevention) Act in connection with a banned organization 'Sikhs for Justice'. The appellant accompanied co-accused to Srinagar to procure weapons and suggested alternative procurement from Uttar Pradesh. The Court held that bail under the UAP Act is exceptional; jail is the rule. Unlike ordinary offences, the test inverts: bail is granted only if the 'prima facie true' standard is not satisfied. Here, the appellant's complicity in facilitating preparatory terrorist acts was established from disclosure statements, CDRs, and investigation materials. The Court rejected arguments about trial delay and incomplete witness examination, holding that grave terrorism charges warrant continued custody when conspiracy and witness influence risks exist.

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Criminal Law Terrorism Unlawful Activities Prevention Act Bail Constitutional Law National Security Conspiracy

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