USMANBHAI DAWOODBHAI MEMON Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Being aggrieved and dissatisfied by the judgment and order dated 24/03/1987 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 sec. 439 and/or 482 of the Criminal Procedure Code to release them on bail.

(2.) The applicants and other persons are alleged to have committed the offences punishable under secs. 143 147 148 149 307 504 324 323 120 of the Indian Penal Code sec. 27 of the Arms Act and secs. 3 and 4 of the Terrorist and Disruptive Activities (Prevention) Act 1985 (hereinafter referred to as The Terrorist Act). The incident took place on 10/03/1987 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 sec. 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 6cc. 3 of the Terrorist Act and therefore under the provisions of sec. 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 24/03/1987 passed by the Designated Court under the Terrorist Act the application under sec. 439 or 482 of the Criminal Procedure Code is not maintainable before the High Court. It was further pointed out that under sec. 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 sec. 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 sec 439 or 482 of the Criminal Procedure Code in view of the provisions of the Terrorist Act.