P. K. MISRA, J.

( 1 ) IN this application for bail under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the "code"), an important question of law pertaining to jurisdiction is raised.

( 2 ) THE petitioner has been arrested in connection with S. P. E. case No. 44/94. His earlier application for bail numbered as Criminal Misc. Case No. 1715 of 1996 was disposed of with an observation that it would be open to the petitioner to move for bail afresh before the appropriate authority after substantial progress had been made in the investigation. Thereafter, the petitioner filed an application before the Additional Chief Judicial Magistrate, Bhubaneshwar. The said application having been rejected, the petitioner filed an application before the 2nd Additional Sessions Judge, Bhubaneswar. During hearing of the aforesaid bail application, the question of territorial jurisdiction of the 2nd Additional Sessions Judge, Bhubaneswar, to entertain the bail application was raised on behalf of the prosecution. The 2nd Additional Sessions Judge considered the question of jurisdiction at the threshold and came to hold that since the occurrence had taken place within To