BASHIR AHMAD SHEIKH Vs. STATE & ORS.

JUDGEMENT

(1.) By the medium of this application the petitioner has invoked the jurisdiction of this Court in terms of Section 497-A of Code of Criminal Procedure (for short, Cr.P.C.) for grant of bail in anticipation of his arrest in an FIR alleged to have been registered at Police station, Kralpora, for the commission of offence under Sections 379 RPC and Section 6 of the Jammu and Kashmir Forest Act, Svt. 1987 (1930 AD).

(2.) Though in terms of Section 497-A Cr. P.C., a person having reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, can apply for bail in anticipation of his arrest, but the application of this provision of law is barred by Section 36-A of Forest Act, 1987. It would be appro priate to reproduce hereunder "Section 36-A of the Forest Act. It reads thus:

(3.) In view of the aforesaid substantive provision of law, the exercise of power conferred on this Court under Section 497-A is clearly barred in relation to forest offences, inasmuch as Section 36-A of the Forest Act unambiguously provides that nothing in Section 497-A of the Code of Criminal Procedure shall apply to offences under the said Act. On his own showing in the synopses and preamble of the application, the petitioner apprehends his arrest, inter alia, in an offence punishable under Section 6 of the Forest Act.