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 moving the appropriate application for grant of bail as provided under law.”

2. This order, in terms of the instant petition, is stated to be bad and indulgence of this Court is sought for grant of bail in the said FIR while pleading that:

(i) The Police Station, Tral registered FIR No.55/2019 for offences U/S 147, 447, 379, 435, 427 RPC against the petitioners herein. The FIR has been registered on a complaint by Ghulam Nabi Zaboo S/o Ghulam Hassan Zaboo R/o Tral Balla and Javed Ahmad Lone S/o Shaban Lone R/o Chankitar Tral and others, with whom there is a civil litigation going on before the Dstrict Judge, Pulwama with regard to suit property comprising of land measuring 05 kanals and 08 marlas.

(ii) The suit was filed in the year 2012 before the Court of Munsiff, Tral, with regard to land measuring 05 kanals and 08 marlas situated at Lalpora Tral and the trial court passed an order of status quo on 11.06.2012. In the meanwhile, because of valuation, the suit was sent by the trial court to the court of Principal District Judge, Pulwama, in view of the order passed on 23.09.2015. The trial of the suit is now pending before the Court of Principal District Judge, Pulwama. The Principal District Judge, Pulwama, entertained application of the petitioners for implementation of the order of status quo passed by Munsiff, Tral and SDPO, Pulwama, was directed to ensure that the order passed by the trial court on 11.06.2012 is implemented in letter and spirit.

(iii) Because of pendency of this application and the order passed by ld. District Judge, Pulwama, for implementation of order of status quo, a false complaint was filed on 14.07.2017 under Section 147, 447, 379, 435, 427 RPC before Police Station, Tral against the petitioners, by Ghulam Nabi Zaboo and Javaid Ahmad Lone.

(iv) As per the report, a tin shed which was constructed in violation of court direction in the suit property is alleged to have been demolished and then set on fire.

(v) An application was filed for grant of bail in anticipation of arrest by the petitioners before ld. District & Sessions Judge, Pulwama, who after calling report, dismissed the bail application by holding that offence under Section 435 is triable by a Special Judge and as such the bail application in anticipation of arrest cannot be granted because there is bar for grant of bail in anticipation of arrest in such offences as provided U/S 497-B.

(vi) The order of rejection of bail is not in accordance with law. The petitioners have a right to approach this Court for grant of bail in anticipation of arrest.

(vii) The petitioners and the complainants of FIR No.55/2019 are already litigating in the civil court where order of status quo has been passed by the trial court vis-à-vis same piece of land where it is alleged that the offence was