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2019 Supreme(J&K) 285

RASHID ALI DAR
Mohammad Shafi Naikoo – Appellant
Versus
State of J&K – Respondent


Advocates Appeared:
For the Petitioner(s):Mr. Z.A. Qureshi, Sr. Advocate with Ms. Rehana, Advocate
For the Respondent(s):Mr. Mir Suhail, AAG, Mr. J. H. Reshi, Advocate-for complainant

JUDGMENT :

Rashid Ali Dar, J.

Case FIR No.55/2019 under Sections 147, 447, 379, 435 and 427 has been registered by Police Station, Tral, against the petitioners herein. The petitioners apprehending their arrest, moved a petition before the Court of Principal Sessions Judge, Pulwama, for grant of a direction in terms of Section 497-A, which was turned down with the following observations: -

    “Without going into the merits of the bail application, from the perusal of the report it appears that among other offences, the accused persons are stated to be involved in offence punishable u/s 435 Cr. P.C. This offence is triable by Special Judge. The bail in anticipation of arrest cannot be granted in this offences as there is bar for grant of bail in anticipation of arrest in such offence. Special provisions for grant of bail mentioned u/s 497-B are provided for such offence. The present bail application is therefore not maintainable on the sole ground that the accused are allegedly involved in offence which is punishable under section 435 Cr. P. C. The bail application shall therefore stand dismissed. The dismissal of the bail application will however not prevent applicants/accused from movin

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