ORDER

S.N. VARIAVA, J.- Leave granted.

2. This appeal is against an order of the High Court dated 19-9-2003, whereunder the respondent has been granted bail even though the respondent is charged with an offence under Section 4 of the Prevention of Terrorism Act, 2002 (hereinafter referred to as POTA). The respondent had applied for bail before the Special Court. The Special Court had refused to grant bail on the ground that the respondent was accused of a serious offence and that he had not been able to discharge the burden of showing that there were grounds for believing that he was not guilty of committing an offence with which he was charged. The Special Court also refused bail on the ground that there was a possibility that the respondent may abscond and/or he may tamper with evidence. The respondent appealed against the order refusing bail to the High Court.

3. The High Court has allowed the appeal of the respondent and granted bail.

4. Sections 49(6) and (7) of the Prevention of Terrorism Act read as follows:

"49. (6) Notwithstanding anything contained in the Code, no person accused of an offence punishable under this Act shall, if in custody, be released on bail or on his own