ASHOK DAGA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Learned P. P. Mr. J. U. Mehta for the State has submitted that in view of the averments made in all these petitions the provisions of Section 438 (1) of the Code of Criminal Procedure will not be attracted in- asmuch as even if the averments in these petitions are taken to be correct wen then the averments will consti- tute a bailable offence only and not a non-bailable offence. Therefore the provisions of Section 438 of the Code of Criminal Procedure would not be attracted. Hence it is submitted that all these petitions should be rejected summarily. Mr. Mehta has stated before me that out of these cases in six cases complaints have already been filed for committing the breach of the provisions of the Industrial Disputes Act 1947 before the learned Chief Metropolitan Magistrate Ahmedabad and that there is no likelihood of petitioners being arrested in these cases.

(2.) The petitiones in all the petitions have averred that by an Ordinance issued by the State Government the Industrial Disputes Act is sought to be amended whereby the closure of the Mills in question is barred. It has also been averred that the Industrial Deputes Act cannot be amended by the Ordinance. The petitioners have further submitted that even assuming without admitting that the temporary suspension of the manufactur- ing activities on the part of the Company amounts to an offence the punishment for the same as prescrib- ed in the Industrial Disputes Act is imprisonment upto six months and fine or both. The petitioners have there- fore requested to grant them anticipatory bail.

(3.) Chapter XXXIII of the Code of Criminal Procedure deals with the provisions as to bail and bonds. Sec- tion 436 provides as to in what cases bail is to be taken. This Section applies to all persons except those ac- cused of non-bailable offences. It not only applies to persons who are arrested or detained by an officer in charge of a Police Station but also to persons who appear or are otherwise brought before a Court Section 437 deals with the powers of the Court other than the High Court or Court of Session to grant bail in cases of non-bilable offences while Section 439 deals with the Special powers of the High Court and the Court of Session regarding bail.