Hon'ble Judges/Coram:
M.M. Sundresh and Aravind Kumar JUDGMENT
Aravind Kumar, J.
1. Leave granted.
2. The present appeal impugns the order dated 24.04.2023 passed by the High Court of Punjab and Haryana at Chandigarh in CRA-D No. 144 of 2022 (O&M) whereby the High Court has upheld the order dated 16.12.2021 passed by the Special Judge, NIA Court, SAS Nagar, Mohali in an application filed Under Section 439 of the Code of Criminal Procedure, 1973 (Cr.P.C) filed by the Appellant herein-Gurwinder Singh along with other co- Accused seeking regular bail in NIA Case RC.19/2020/NIA/DLI, registered Under Sections 124A, 153A, 153B, 120-B of the Indian Penal Code, 1860 (IPC), Section(s) 17, 18, 19 of the Unlawful Activities (Prevention) Act, 1967 (UAP Act) and Sections 25 and 54 of the Arms Act, 1959, which came to be rejected.
3. The factual matrix relevant to dispose the present petition are summarized as under:
3.1 On 19.10.2018, Sh. Varinder Kumar, Inspector, CIA Staff, received secret information that two persons are hanging cloth banners on which "Khalistan Jindabad" and "Khalistan Referendum 2020", was written, at Pillars Kot Mit Singh Flyover, Amritsar. The Police team apprehended one Sukhraj Singh @ Raju and Malkeet Singh @ Meetu on the spot and a case was registered vide FIR No. 152 dated 19.10.2018 Under Section(s) 124A, 153A, 153B and 120B of Indian Penal Code against both the arrested Accused. During the course of Investigation, entire module of the banned terrorist organization named "Sikh for Justice" was busted and other Accused persons involved in the said module namely, Bikramjit Singh @ Vicky, Manjit Singh @ Manga, Jatinder Singh @ Goldy, Harpreet Singh @ Happy, Gurwinder Singh @ Gurpreet Singh @ Gopi-the present Appellant, Harmeet Singh @ Raju, Roofel @ Raful @ Rahul Gill, Sukhmander Singh @ Gopi and Kuldeep Singh @ Kuldip Singh @ Keepa were arrested by Punjab Police.
3.2 The investigation was completed and final report was presented on 16.04.2019 before the Trial Court against eleven Accused persons Under Sections 117, 112, 124A, 153A, 153B, 120-B of Indian Penal Code, Sections ........