KARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner is an accused under sections 3/4/6 of Terrorist and Disruptive Activities (Prevention) Act, 1993. Apart from the other facts, in view of the authority of the Supreme Court in case Usmanbhai Dawoodhhai Menon & Ors v. State of Gujarat, 1988(1) Recent C.R. 540 : 1988 1 SVLR (CR) 157, this Court has no jurisdiction to grant bail under section 439 of the Code of Criminal Procedure. However, the above observations made in that case, the designated Courts were held to have not carefully considered the facts and circumstances of the case and to have rejected the application for bail mechanically. It was further observed there in that the designated Courts were under a duty to examine the circumstances closely from this angle and the same has not been done, it was found desirable therein to set aside the orders passed by the Designated Court and remit the case for fresh consideration. This care is also remitted for fresh consideration. This petit-ion is disposed of accordingly. Petition disposed of