( 1 ) THIS is an application for bail under Section 439 of the Code of Criminal Procedure, 1973. In this case charge-sheet however was submitted on 22-6-1998 against the present petitioner and another under Sections 120b / 121/121a/ 124a/ 307, IPC and Sections 10111 /13 of the Unlawful Activities (Prevention) Act, 1967 and the learned SDJM Ranaghat took cognizance thereon and committed the case to the Court of Sessions on 25-8-1998 for trial. The case is now pending for trial before the learned Additional Sessions Judge, 2nd Court, Nadia.

( 2 ) IT is the case of the State that the petitioner who is a resident of Kashmir is involved in the unlawful activities of Kashmir militants and there are materials on record primafacie showing that he is actively associated with such unlawful activities. The learned Advocate for the petitioner, however, submits that in view of Section 196, Cr. P. C. no Court can take cognizance of the offences punishable under Sections 121/121a/ 124a, IPC except with the previous sanction of the Central Government or of the State Government and in this particular case no such sanction has been obtained and yet the learned SDJM, on the