TMI Blog1961 (9) TMI 81X X X X Extracts X X X X X X X X Extracts X X X X ..... was at the time of. his arrest in December, 1960, employed in the delegation in India of a French company. The other two persons were employed in the Ministry of Defence and the Army Headquarters, New Delhi. The case against the three persons was that they in conspiracy had passed on official secrets to a foreign agency. The respondent applied for bail to the Sessions Judge; but his application was rejected by the Additional Sessions Judge, Delhi. Thereupon the respondent applied under s. 498 of the Code of Criminal Procedure to the High Court, and the main contention urged before the High Court was that on the facts disclosed the case against the respondent could only be under s 5 of the. Act, which is bailable and Dot under s. 3 which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ondent was being prosecuted was a bailable one or otherwise. Even if the High Court thought that it would not be proper at,, that stage, where. commitment proceedings were: to take place, to express an opinion on the question whether the offence in this case fell under s. 5 which is bailable or under: s. 3 which is not bailable, it should have proceeded to deal with the application on the assumption that the offence was under s. 3 and therefore not bailable. The High Court, however, did not deal with the application, for bail on this footing, for in the order it is said that the question whether the offence fell under s. 3 or s. 5 was arguable. It follows from this observation that the High Court thought it possible that the offence might f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dent absconding, he being well connected, and that the trial was likely to take considerable time. These are however not the only considerations which should have weighed with the High Court if it had considered the matter as relating to a non- bailable offence under s. 3 of the Act. The first question therefore that we have to decide in considering whether the High Court's order should be set aside is whether this is a case which falls prima facie under s. 3 of the Act. It is, however, unnecessary now in view of what has transpired since the High Court's order to decide that question. It appears that the respondent has been committed to the Court of Session along with the other two persons under s. 120-B of the Indian Penal Code ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t is punishable with fourteen years' imprisonment. The case against the respondent is in relation to the military affairs of the Government, and prima facie therefore, the respondent if convicted would be liable upto fourteen years' imprisonment. In these circumstances considering the nature of the offence, it seems to us that this is not a case where discretion, which undoubtedly vests in the court, under s. 498 of the Code of Criminal Procedure, should have been exercised in favour of the respondent. We advisedly say no more as the case has still to be tried. It is true that two of the persons who were prosecuted along with the respondent were released on bail prior to the commitment order; but the case of the respondent is obv ..... X X X X Extracts X X X X X X X X Extracts X X X X
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