Untwalia, J. - (1.) An occurrence took place on the 8th of, March, 1974 at a place situated in the District of Cuttack, Orissa. First Information Report was lodged on the 9th March, 74 and a police investigation started in connection with the offences alleged to have been committed under Sections 147; 148, 307, 302 simpliciter as also with the aid of Section 149 of the Indian Penal Code. The four appellants in this appeal by special leave were arrested by the police in the course of the investigation on the 10th March and four others who have been enlarged on bail by the Sessions Judge of Cuttack were arrested on the 14th March. They were produced before the Magistrate who remanded them to jail custody from time to time. The learned Sessions Judge released on bail four of the accused but refused to grant bail to the appellants. An argument based upon proviso (a) to sub-section (2) of Sec, 167 of the code of Criminal Procedure, 1973 (Act No. 2 of 1974) - herein- after referred to as the New Code, was rejected by the Sessions Judge relying on the saving clause (a) of sub-section (2) of Section 484.
(2.) The appellants approached the Orissa High Court and pressed their cases for releasing them on bail on merits as well as on the ground of the provision of law aforesaid contained in the New Code. A Bench of the High Court by its order dated the 6th August,1974 has repelled the arguments put forward on behalf of the appellants and dismissed their application for bail. They have filed the present appeal by special leave of this Court.
(3.) This Court is not expected to examine afresh the question of releasing the appellants on bail on merits. But the question for Consideration is whether the appellants are entitled to be released on bail under the proviso (a) of Section 167 (2) of the New Code.;