ABDUL MAJEED JILDSAZ Vs. STATE

JUDGEMENT

(1.) THE petitioners, Abdul Majeed Jildsaz, Abdul Maiid Nashti and Mahmmad Ramzan Bhat have been arrested by the police in FIR No. 495 of 1980, Police Station Anantnag, for having committed offences under Sections 307. 148, 336, 332, 152, 153-A and 149, R. P. C. read with Section 13 (1) of the Unlawful Activities Act. The police have also put up a challan against them in the Court of Special Judge (Sessions Judge) Anantnag, as some of the offences, viz. , offences under Sections 148, 152 and 153-A are exclusively triable by him. An application for bail was moved on behalf of the petitioners before the Special Judge, but the same has been dismissed by him on the ground that Section 497-B of the Cr. P. C. was a bar against granting them bail, as in his opinion, there are reasonable grounds for believing that they are prima facie guilty of the aforesaid offences. They have now moved This court in a revision petition against the aforesaid order.

(2.) APPEARING for the petitioners, Mr. Hagroo has raised three contentions in support of the application. These are:

(3.) KEEPING in view the deteriorating law and order situation in the State; Governor; in exercise of the powers vested in him under Section 91 of the Constitution of Jammu and Kashmir, promulgated an ordinance, being Ordinance No. 1 of 1980. This Ordinance was published in Government Gazette dated 22-9-1980, and was to come into force at once. By virtue of the Ordinance, the sentence orginally provided for various offences under the Ranbir Penal Code, including those under Sections 148, 152 and 153-A, R. P, C, with which we are presently concerned, was enhanced. Some amendments were also made to the Cr. P. C. and some offences, including those under Sections 148, 152 and 153-A, R. P. C. which were originally triable by Magistrates under Schedule II to the Code, were made exclusively triable by Special Judge. Not only that, some offences which were classified as bailable under Schedule II. as it originally stood, were made non-bailable, offences under Sections 148 and 152, R. P. C. which were bailable even before the Ordinance came into force, however, remained bailable, Among others. Section 497-B was added to the Code with a view to curtailing the powers of courts in granting bail for offences under certain sections of the Ranbir Penal Code mentioned in the section itself. Section 497-B, for the sake of ready reference is reproduced as below: 497-B. Special provisions regarding bail.- Notwithstanding anything contained in this Code, no person accused of an offence punishable under Sections 148, 152, 153-A, 295, 295a, 296, 297, 298, 435 or 505 of the State Ranbir Penal Code shall be released on bail unless-