KEDAR Vs. STATE

JUDGEMENT

(1.) This bail application under Section 439 Cr.P.C. has been filed on behalf of petitioners Kedar and Roop Singh who have been declined bail by the learned Sessions Judge, Karauli vide order dated 18.10.2005 in FIR No. 169/05 P.S. Masalpur for offence under Section 216 -A read with Section 11 of the Rajasthan Dacoity Affected Areas Act, 1986 (here -in -after referred to in short the Act of 1986).

(2.) LEARNED counsel for the petitioners has submitted that the offence under Section 216 -A IPC is bailable. Still the bail has been declined to the petitioners in view of the provisions of Section 11 of the Act of 1980 whereas it has been held in Bhatta vs. State of Rajasthan - [2005 (1) RCC 277] and Ramdayal vs. State of Rajasthan - [2005(2) RCC 908] that where the alleged offence under the Indian Penal Code itself is bailable, the embargo on grant of bail provided under Section 5 of the Act of 1986 would not be applicable.

(3.) LEARNED PP also could not controvert this.