(Per Dharampal Sinha, J.-Contra)

Code of Criminal Procedure, 1973-Section 438 read with sections 5 and 6 of the Prevention of Corruption Act, 1988-Special Judge appointed under the provisions of P.C. Act has no jurisdiction to entertain an application for grant of bail under section 438 of Cr. P.C. In cases relating to the offences punishable under the P.C. Act-in view of the deeming provisions of section 5 (3) of P.C. Act, the Special Judge has to be deemed to be a court of Session, but by this, it does not necessarily mean that the Court of Special Judge shall be deemed to be a Court of Sessions which alone has been conferred the power to grant anticipatory bail-only the Court of Sessions has legal competence to consider any application for grant of anticipatory bail in relation to any offence including offences punishable under the P.C. Act. (Paras 58 to 63)

1986 BBCJ 132 : 1985 PLJR 981 - Explaioed.

AIR 1977 SC 366; AIR 1980 SC 1672; 1986 Cr. LJ 605 : 1986 PLJR 274 (FB)-Relied upon.

AIR 1979 SC 1255; AIR 1984 SC 718 - Discussed.

JUDGMENT

Krishna Ballabh Sinha, J.

The question posed for consideration in this case is as to whether a Special Judge under the Prevention of Corrupti