M.M Punchhi, J.:— This is an application for bail. The petitioner has been accused of offences under sections 124-A and 153-A of the Indian Penal Code and section 4 of the Terrorist and Disruptive Activities (Prevention) Act, 1985. No one has put in appearance on behalf of the Chandigarh Administration to oppose the prayer.
2. The write-up attributed to the petitioner prima facie discloses commission of an offence under section 153-A of the Indian Penal Code. That is an offence to which the maximum punishment of imprisonment attracted is three years and is triable by a Magistrate of the First Class Prima facie section 124-A, Indian Penal Code, is not attracted. The write-up even does not come within the ambit of sections 3 and 4 of the Terrorist and Disruptive Activities (Prevention) Act, 1985, for there is nothing seditious or secessionist preached therein. At best, class hatred has been promoted but not by resorting to violence.
3. Keeping the overall circumstances in view, I order release of the petitioner on bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Chandigarh, pending trial. Nothing said herein would, however, even remotely be treated as a final opinion on the merits of the case.