Khazanchi: For the purpose of grant of bail to TADA detentes, we divide the undertrials into three classes, namely, (a) hardcore undertrials whose release would prejudice the prosecution case and whose liberty may prove to be a menace to society in general arid to the complainant and prosecution witnesses in particular; (b) other undertrials whose overt acts or involvement directly attract Sections 3 and/or 4 of the TADA Act; (c) undertrials who are roped in, not because of any activity directly attracting Sections 3 and A, but by virtue of Sections 120B or 147, I.P.C., and;

(d) those undertrials who were found possessing Incriminating articles in notified areas and are booked under Section 5 of TADA.

Ordinarily, it is true that the provisions of Sections 20(8) and 20(9) of TADA would apply to all the aforesaid classes. But while adopting a pragmatic and just approach, no one can dispute the fact that all of them cannot be dealth with by the same yardstick. Different approaches would be justified on the basis of the gravity or the charges.

Adopting this approach we are of the opinion that undertrials falling within group (a) cannot receive liberal treatment. Cases of undertrials falling in group (b) would have to be differently dealt within. in that, if they have been in prison for five years or more and their trial is not likely to be completed within the next six months, they can be released on bail unless the court comes to the conclusion that their antecedents are such that releasing them may be harmful to the lives of the complainant the family members of the complainant, or witnesses. Cases of undertrials falling in groups (c) and (d) can be dealt with leniently and they can be released if they have been in sail for three years and two years respectively.

My respectful submission, mylords may consider the role of individual like my client who is not a hardcore terrorist. Since I am not a menace to society,

J Kumar: are you saying that we can evaluate the evidence at this stage?

Khazanchi: while considering the delay, mylords may consider. The provisions in TADA are identical.

J Kumar: go to 43D(5) proviso

Khazanchi: courts can come to that conclusion when charges are framed but here the charges have not been framed.

petitioners conclude.