Ujjal Bhuyan, J.

1. The two appeals are before us on a reference made by the Division Bench to examine and decide the following two questions of law:-

"(i) Whether a person accused of an offence punishable under Chapters IV and VI of the Unlawful Activities (Prevention) Act, 1967 and is in detention for the same would not be entitled to a consideration for bail under section 43D (5) of the said Act once charge is framed against the accused for such offence?

(ii) Whether the view taken by a Division Bench of this High Court in Y. Brajabidhu Singh that once charge is framed against an accused for an offence punishable under Chapters IV and VI of the Unlawful Activities (Prevention) Act, 1967 and unless the same is challenged and set-aside by a superior court, he would not be entitled to bail in view of the proviso to sub-section 5 of section 43D of the said Act lays down the correct proposition of law?"

2. The referral order dated 15.07.2016 has succinctly placed the context in which the reference has been made and, therefore, it would be apposite to examine the referral order in its entirety, which is extracted hereunder:-

"The appellants are being prosecuted for offe