Bishambhar Dayal, J.:— This is an application for bail. Their application for bail was rejected by the learned Sessions Judge, Agra. The applicants have been changed of an offence punishable under rule 125 of the Defence of India Rules. One of the grounds for rejecting the application by the learned Sessions Judge was that a learned single Judge of this Court remarked in Misc. Case No. 601 of 1964 Daya Ram v. State, decided on March 10, 1964, to the effect that no bail could be granted in such cases unless the Court is of opinion that the accused appeals not to be guilty of the offence. We have heard learned counsel and have looked into the matter. Rule 155 of the Defence of India Rules is applicable only to those cases where the Central Government or the State Government by notified order specifies that in the case of a contravention of a particular rule, rule 155(b) would be applicable and bail would not be granted unless the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such contravention. Rule 155 is as follows:—
“155. Special provision regarding bail.—Nothwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898), no person accused or convicted of a contravention of these Rules or orders made thereunder shall, if in custody, be released on bail or on his own bond unless—(a) the prosecution has been given an opportunity to oppose the application for such release, and
(b) where the prosecution opposes the application and the contravention is of any such provision of these Rules or orders made thereunder as the Central Government or the State Government may by notified order specify in this behalf, the Court is satisfied that there are reasonable grounds for believing, that he is not guilty of such contravention.”
2. The main part of the section merely says that such an offender shall not be released on bail unless two conditions are satisfied. The first condition is a general one which applies to every case and that is that no bail shall be granted unless an opportunity to oppose the application has been given to the prosecution. In this, particular case that condition has been satisfied. The second condition is that in case bail is opposed by the prosecution the Court ought to be satisfied that there are reasonable grounds for believing that he is not guilty of such contravention. This second condition is applicable only to those cases which relate to contravention of such rules as are notified in this behalf. Learned counsel for the State in the Court below made a clear statement that the order which has been contravened as also rule 125 which provides for the punishment for the contravention has not been notified. The same has been confirmed by learned Government Advocate here.
3. In view of the fact that the relevant order or rule has not been notified in this behalf the further restriction contained in clause (b) of Rule 155 is not applicable and the applicants are, therefore, entitled to bail as in other ordinary cases. The offence is a non-cognizable offence and consequently the applicants are entitled to bail.
4. The application is accordingly granted and the applicants will be released on bail to the satisfaction of the District Magistrate of Agra.
5. Application allowed.