Punjab & Haryana HC denies Interim Bail in UAPA Case, cites lack of jurisdiction [Read Order]

Punjab: The Punjab and Haryana High Court has dismissed an appeal seeking interim bail for an accused charged under the Unlawful Activities (Prevention) Act (UAPA), emphasizing that courts lack jurisdiction to grant interim bail in such cases.

A Division Bench comprising Justices Sureshwar Thakur and Kuldeep Tiwari heard a criminal appeal filed by Baljit Singh against an order denying him interim bail in a UAPA case.

The court noted that the appellant was arrested on January 6, 2022, along with two others, after police recovered hand grenades and pistols from their vehicle. Charges under UAPA were later added to the case.

Rejecting the appellant’s arguments based on a previous Punjab and Haryana High Court judgment, the court held:

“The expostulations of law (supra), as set forth in the aforementioned verdict, conflict with the legal principles articulated in paragraph No. 47 of the judgment passed by the Hon’ble Apex Court in the case titled Judgebir Singh and Ors. Versus National Investigation Agency.”

The court further emphasized: “There is no provision either in the Cr.P.C. or in the special statute (supra), whereby this Court is bestowed with any jurisdiction to grant interim bail. Contrarily, the provisions of the Cr.P.C., which are applicable to the special statute concerned, do provide the accused the privilege to claim regular bail in terms of Section 439 Cr.P.C.”

In conclusion, the High Court rejected the concept of interim bail in UAPA cases, citing the lack of statutory provisions and Supreme Court precedent, while affirming that accused persons retain the right to apply for regular bail under established procedures.

[Read Order]