THE HON'BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU and THE HON'BLE SHRI JUSTICE VILAS V. AFZULPURKAR Dated: 07-07-2010 WRIT PETITION No. 15879 OF 2010 Between: 73862-B CPL K. Naveen Eqpt Asst., Air Force Academy, Hyderabad, now confined in Central Prison, Chanchalguda, rep., by his father Kotagiri Narayana Rao, s/o late Apparao, aged 65 years, r/o Dr.No.6- 3-104/A, Kothakotavari Street, Amudalavalasa Village, Srikakulam District ... PETITIONER AND AOC-in-C, Training Command, Indian Air Force, HA TC IAF Bangalore and four others …RESPONDENTS THE HON'BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU and THE HON'BLE SHRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No. 15879 OF 2010 ORDER: (per the Hon’ble the Chief Justice Shri Nisar Ahmad Kakru) The petitioner, convicted by the Court Marshal has filed this petition in furtherance of an endeavour to have the accused convict released on bail. Much emphasis is laid by the learned counsel on clause (e) sub-section (6) of section 15 of the Armed Forces Tribunal Act, 2007 to canvas that the Tribunal is empowered to suspend a sentence of imprisonment whereas an observation to the contrary is manifest from the order of the Tribunal itself (see para 2 of the impugned order). Difficulty for the petitioner is that bail application has been withdrawn by him, apparently it is a dismissal of application as withdrawn, therefore, no adjudication is called for and we refrain from expression of opinion on the application or otherwise of the provision referred to hereinabove. It goes without saying that if a remedy before the Tribunal by a fresh motion is available to the petitioner, he is free to lay it. Disposed of. VILAS V. AFZULPURKAR, J NISAR AHMAD KAKRU, CJ 07-07-2010 K. Shyleshi