USMANBHAI PAREEDBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Being aggrieved and dissatisfied by the Judgment and order dated March 24, 1987 passed by the Designated Judge, Ahmedabad (Rural) at Narol, in Criminal Miscellaneous Application No. 116 of 1987, rejecting the application for releasing the applicants on bail, the applicants have filed this application under S.439 and/or 482 of the Cr. P.C. to release them on bail.

(2.) The applicants and other persons are alleged to have committed the offences punishable under Ss. 143, 147, 148, 149, 307, 504, 324, 323, 120-B of the Indian Penal Code, S.27 of the Arms Act and Ss. 3 and 4 of the Terrorist and Disruptive Activities (Prevention) Act, 1985, (hereinafter referred to as The Terrorist Act"). The incident took place on March 10, 1987. The applicants were arrested on the same day. The applicants filed an application before the Designated Court for releasing them on bail. The Designated Court arrived at the conclusion that prima facie the acts committed by the accused constitute an offence punishable under S.3 and/or 4 of the Terrorist Act. The Designated Court held that there are reasonable grounds to believe that the accused are responsible for the offence punishable under S.3 of the Terrorist Act and, therefore, under the provisions of section 17(5) they cannot be released on bail.

(3.) When this matter was called out before the learned single Judge, a preliminary objection was raised on behalf of the State of Gujarat that against the order dated March 24, 1987 passed by the Designated Court under the Terrorist Act, the application under S.439 or 482 of the Cr. P.C. is not maintainable before the High Court. It was further pointed out that under section 16 of the Terrorist Act the High Court has no jurisdiction to entertain any application filed on behalf of the applicants against whom the allegations are for the offence punishable under S.3 and/or 4 of the Terrorist Act. The learned Single Judge referred the whole matter to the Division Bench and for deciding the question whether the High Court has jurisdiction to entertain application under S.439 or 482 of the Cr. P.C. in view of the provisions of the Terrorist Act.