ORDER :

1. Heard Shri O.P. Thakur, Senior counsel assisted by Shri R.K.S. Thakur learned counsel for the petitioner and Shri Vishal Sharma, learned Assistant Solicitor General of India for the respondents.

2. The petitioner has preferred this writ petition challenging the Judgment and order dated 02.05.2019 passed by the Armed Forces Tribunal Regional Bench Srinagar, at Jammu in T.A. 42/2017 (Previously SWP No. 1144/2011) rejecting the Bail Application of the petitioner.

3. Shri Vishal Sharma, at the very outset took a preliminary objection that the petitioner has a statutory remedy of appeal against the aforesaid order and therefore the writ petition is not maintainable and is not liable to be entertained.

4. The facts of the case reveal that the petitioner was appointed in the Indian Army as Gunner (Driver Mechanical Transport). He was convicted and sentenced vide order dated 15.01.2011 by the General Court Martial. He was awarded sentence of dismissal from service and to undergo 13 years of rigorous imprisonment for charges under Sections 63 and 69 of the Army Act, 1950 read with Section 3(1)(C) of the Official Secret Act, 1923 on the allegation that as on 03.08.2009, he had crossed