MUZAFFAR AHMAD WANI Vs. SSP GANDERBAL

JUDGEMENT

(1.) This is an application by the petitioners under Sec. 438 of the Code of Criminal procedure for grant of anticipatory bail in case FIR No. 115/2021 under Ss. 188, 379 IPC and Sec. 21 of the Mines and Mineral (Development and Regulations) Act, 1957 (hereinafter the Act of 1957), registered in Police Station Ganderbal.

(2.) The petitioners herein along with one Ishfaq Ahmed Mir earlier approached the Court of learned Sessions Judge, Ganderbal for similar relief but their application was rejected by the learned Sessions Judge on the ground that the petitioners being involved in the commission of offences, inter alia, under Sec. 21 of the Act of 1957, which offence is of special Bail App. 80/2021 nature and triable by Special Court and, therefore, the provisions of Sec. 438 CrPC were not applicable.

(3.) Mr. Lone Altaf has seriously disputed the correctness of order of the learned Sessions Judge and claims that the provision of anticipatory bail contained in Sec. 438 of the Code of Criminal Procedure is available even qua the offences under the Act of 1957 and, therefore, the learned Sessions Judge was not correct in rejecting the anticipatory bail plea of the petitioners on the aforesaid ground.