AB RAHIM Vs. STATE

JUDGEMENT

(1.) THE petitioners -accused, namely, Abdul Rahim, Bashir Ahmed, Mushtaq Ahmed and Mohd Javed through the medium of revision petition had challenged the order dated, 17 -11 -1995 passed by the learned Sessions Judge, Udhampur whereby he had refused to grant bail to them in anticipation of arrest. The bail was sought on the registration of the case under section 436 RPC arisen under FIR No. 58/95 of Police Station, Mahore. While rejecting the said application, the learned Sessions Judge had observed that an offence falling under section 436 RPC was a special offence triable by a Special judge and the question of grant of bail could only be considered under section 497 -B Cr. P.C. and not under section 497 -A Cr. P.C. A direction was given to the following effect: -

(2.) THE learned Sr. AAG raised preliminary objection regarding the maintainability of the revision petition and Mr. Qureshi, the learned counsel for the petitioner prayed that the revision petition may be treated as an application made under the provisions of section 497 -B. He also stated that he would cause the appearance of the applicants -accused and sought an opportunity. The prayer was accepted and the revision petition was treated as an application made under section 497 -B Cr. P.C.

(3.) THE counsel appearing for the parties were heard at length.