The petitioners-accused, namely, Abdul Rahim, Bashir Ahmed, Mushtaq Ahmed and Mohd Javed through the medium of revision petition had challenged the order dated, 17-11-1995 passed by the learned Sessions Judge, Udhampur whereby he had refused to grant bail to them in anticipation of arrest. The bail was sought on the registration of the case under section 436 RPC arisen under FIR No. 58/95 of Police Station, Mahore. While rejecting the said application, the learned Sessions Judge had observed that an offence falling under section 436 RPC was a special offence triable by a Special judge and the question of grant of bail could only be considered under section 497-B Cr. P.C. and not under section 497-A Cr. P.C. A direction was given to the following effect: -

"It will be only after the arrest of the accused that this court as the court of Special Judge will see whether the facts constitute prima facie the alleged offence and in that eventuality the appropriate orders will have to be made."

The learned Sr. AAG raised preliminary objection regarding the maintainability of the revision petition and Mr. Qureshi, the learned counsel for the petitioner prayed that the revision petition may be

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