JUDGMENT

AHMADI, J. :— Heard counsel on both sides. The facts leading to this appeal are as under

On May 30, 1988, the respondent. a retired Naval Officer of the rank of Captain was apprehended at the Bombay International Airport (Sahar Airport) when he was about to take the Air-India Flight from Bombay to New York. On search of his luggage certain highly sensitive documents, marked secret/ confidential were found. A complaint was lodged against him for the breach of the provisions of the Official Secrets Act, 1923 and the Atomic Energy Act, 1962. Soon after his arrest he filed all application dated 22nd September, 1988 for bail. That application "as rejected by the High Court on 29th September, 1988. Thereafter, he filed a writ petition challenging the validity of Sections 3 and 5 of the Official Secrets Act, 1923 but that writ petition was dismissed by a Division Bench of the Bombay High Court on 8th December, 1988. In the meantime, he had preferred an application dated 21st November, 1988 for transfer of his case to another learned Judge and for grant of bail. While granting the prayer for transfer the Division Bench refused to enlarge the respondent oil bail by its order dated 1