BASHIR AHMAD Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) The accused-petitioner is alleged to have participated in the commission of crime alongwith other accused persons who are still absconding and had fired indiscriminately in the premises of Regional Food Corporation office situated at Gandhi Nagar, iammu at the time of opening of tenders for the construction of building of Corporation. The bail application filed by the petitioner before the designated Court under the Terrorists & Distruptive Activities (prevention) Act (hereinafter called the Act) was dismissed by holding. After going through the case diaries and P.Ws. statements recorded under Section 161 of Cr. P.C. I find the involvement of the applicant accused in the commission of crime directly or indirectly there in the commission of offence and assisting the accused and this case is against the accused and I find involvement of the accused under the Act apart from other offences, prima facie. Therefore, the accused is not entitled to any bail as claimed by him. In this petition, the petitioner has claimed the bail mainly on the ground of proviso to Section 167 of Cr. P.C. entitling the accused person to the grant of bail, if the challan against him is not produced within sixty days from the date of his arrest.

(2.) In the objections, filed on behalf of the State, it is submitted that the accused was arrested in F.I.R. No.: 338 of 1989 Police Station Gandhi Nagar, iammu allegedly for the commission of offences punishable under Sections 3/4 of the Terrorists and Disruptive Activities (Prevention) Act read with Section 307/109/148 and 149 of Ranbir Penal Code and Sections 3125 and 4/27 of the Indian Arms Act. It is submitted that as the accused is involved in a case triable under the Terrorists & Disruptive Activities (prevention), Act, this Court has no jurisdiction to entertain the bail application.

(3.) I have heard the learned counsel for the parties and have perused the record.