- (1.) Heard the learned Counsel for the petitioners as well as the learned Counsel for the State and perused the Case Diary. We find from the cause title itself that all the sections that have been made applicable are bailable sections. However, when the learned Counsel for the petitioners points out that section 324 is a non-bailable offence, we looked into the Schedule appended to the Code of Criminal Procedure and from the same we find that the word 'non-bailable' was substituted by the Code of Criminal Procedure Amendment Act, 2005 with the remarks "with effect from a date yet to be notified". In other words, the date for making the said section 324 'non-bailable' has not yet been notified.
(2.) Under the circumstances, all the sections being bailable, this application under section 438 of the Code of Criminal Procedure itself is not maintainable before us. It is, accordingly, rejected being not maintainable.;