In none of the materials which have been referred to by the prosecution, the acts specified to in sub-clause (a) of Section 15(1) of the 1967 Act can be attributed to the appellants. Nor there is any allegation against them which would attract subclause (c) of Section 15(1) of the said statute. As regards the acts specified in Section 15(1) (b) thereof, some of the literature alleged to have been recovered from the appellants, by themselves give hint of propagation of such activities. But there is nothing against the appellants to prima facie establish that they had indulged in the activities which would constitute overawing any public functionary by means of criminal force or the show of criminal force or attempts by the appellants to do so. Neither there is allegation against them of causing death of any public functionary or attempt to cause death of such functionary. Mere holding of certain literatures through which violent acts may be propagated would not ipso facto attract the provisions of Section 15(1)(b) of the said Act. Thus, prima facie, in our opinion, we cannot reasonably come to a finding that any case against the appellants under Section 15(1) (b) of 1967 Act can be held to be true. (Para 26)
While forming our opinion over granting bail to the appellants, we have taken into account the fact that that VG was once earlier convicted involving offences, inter-alia, under 1967 Act and there is also a pending criminal case against him on the allegations of similar line of activities. Hence, we propose to impose appropriate conditions in respect of both, which they shall have to comply with, while on bail. (Para 44)
SUPREME COURT JUDGMENT
Citation: 2023 STPL(Web) 116 SC
Vernon Vs. The State of Maharashtra & anr.
Criminal Appeal No. 639 and 640 of 2023-Decided on 28-07-2023
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