The Court also said that the assuming NIA’s contention that Teltumbde is associated with Communist Party of India (Maoist) is true, the same would not attract provisions which deal with punishments for terrorist acts.
“On prima facie appreciating the material on record as well as the statements of three key witness against Appellant, we do not think that provisions of Sections 16 and 18 (indulging in terrorist act) can be invoked at this stage against Appellant for want of better proof and evidence. On reading the chargesheet and the material placed before us, prima facie it cannot be inferred that Appellant has involved himself in a ‘terrorist act’”, the Court added.
Even if NIA’s case is accepted, the provisions which would be attracted are Sections 38 and 39 of the UAPA (being member of a banned organisation), the Court said.
The maximum punishment for this offence is imprisonment for 10 years.
Considering that Teltumbde had no criminal antecedents and he had been behind bars for more than two and half years, the Court held that a case for grant of bail had been made out.
Source: Barandbench
