- (1.) This is second bail application preferred under Section 439 Cr.P.C. for grant of regular bail to the petitioners in a case arising out of F.I.R. No.468/2012, registered at Police Station, Bhusawar, District Bharatpur, for offences punishable under Sections 379 and 285 I.P.C., under Section 3 of the P.D.P.P. Act and under Section 15 (2) P.M.P. Act.
(2.) Earlier bail application filed by the petitioners was disposed of on 19.11.2013 by passing the following order :- "Counsel for the respondent complainant has stated that the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act was amended and following Section 16C has been added. Section 16C is para materia to Section 37 of the NDPS Act. "16C(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, no person accused of an offence punishable under sub-section (4) of section 15 shall, if in custody, be released on bail on his own bond unless:- (a) the Public Prosecutor has been given an opportunity to oppose the application for such release, and (b) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable ground for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. (2) The limitation on granting of bail specified in sub-section (i) are in addition to the limitation under the Code of Criminal Procedure, 1973 or any other law for the time being in force on granting of bail. (3) Nothing contained in this section shall be deemed to affect the special powers of the High regarding bail under section 439 of the Code of Criminal Procedure, 1973. 16D. Nothing in section 438 of the Code of Criminal Procedure, 1973 shall apply in relation to any case involving the arrest of any person on an accusation of having committed an offence punishable under sub-section (4) of Section 15."
(3.) In view of the rigour of the section introduced as Section 16C this Court is not inclined to grant bail to the petitioners. However, since liberty of the petitioners is involved the trial court is directed to conclude the trial within a period of sixty days and if need be the trial court shall proceed with the trial on day-to-day basis.;