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TMI Blog2017 (12) TMI 1786X X X X Extracts X X X X X X X X Extracts X X X X ..... llant received a phone call of his wife who asked him to immediately call Ms. Anju Dudeja of the said School. When the appellant contacted Ms. Anju Dudeja, she told him that his son had a cut on his neck and is profusely bleeding. She asked him to reach Badshahpur Hospital where he was being taken. The appellant, along with his wife, left for Badshahpur Hospital but on the way he received a call from Ms. Anju Dudeja that they were taking the child to Artemis Hospital. On reaching there, the appellant found that there was a cut on the right side of his son's neck up to the ear and his son was in Emergency Ward. The Doctor informed the appellant that his son Pradyumn had died. (b) On receipt of the information, the police recorded a First Information Report (FIR) being No. 250 of 2017 dated 08.09.2017 at Police Station Bhondsi, Gurugram and arrested one Ashok Kumar, son of Amichand, on the same day. The State Government (Haryana), issued a Notification dated 17.09.2017, requesting the Central Bureau of Investigation (CBI) to take up the investigation. The Ministry of Personnel, Public Grievances and Pension (Department of Personnel and Training) Government of India, New Delhi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court disposed of the writ petition while deprecating the practice of the Bar Associations to pass a Resolution of this nature and also recorded the fact that the Bar Associations have withdrawn the Resolution. (f) CRM-M Nos. 35002 and 35003 of 2017 for grant of interim bail were taken up by the Punjab & Haryana High Court but the effective order was passed only on 28.09.2017 staying the arrest of the private respondents till 07.10.2017 when the matter was directed to be listed. The appellant approached this Court by filing a petition for Special Leave to Appeal being Diary No. 30996 of 2017 which was taken up on 13.10.2017 by this Court when learned counsel for the appellant informed this Court that the appeal had become infructuous. (g) Learned single Judge of the High Court, vide judgment and order dated 07.10.2017 in CRM-M Nos. 35002 and 35003 of 2017, considered the submissions made by the respective parties including that of the appellant and while fixing the cases for 05.12.2017 granted interim bail to the private respondents with certain directions. The operative portion of the order dated 07.10.2017 is reproduced below:- "It is a case where a student of a scho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8044-8045 of 2017 challenging the order dated 07.10.2017 passed by learned single Judge of the Punjab & Haryana High Court. This Court, vide order dated 06.11.2017, disposed of the special leave petitions by requesting the High Court to dispose of the bail applications within a period of 10 (ten) days hence. This Court was inclined to made such request as the High Court had granted interim protection to the private respondents under Section 438 of the Code of Criminal Procedure, 1973 (in short 'the Code') for a long period. Pursuant to the order dated 06.11.2017 passed by this Court, learned single Judge of the High Court, considered the matter afresh and vide judgment and order dated 21.11.2017, made absolute the interim bail granted on 07.10.2017 to the private respondents till the presentation of the challan subject to certain conditions. 4) We have heard learned counsel for the parties and perused the records. 5) Learned counsel for the appellant contended that the private respondents while approaching the High Court for grant of interim bail/anticipatory bail have concealed and suppressed the material facts. He further contended that the respondents have also committed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd the investigation is at a preliminary stage." Learned counsel, thus, contended that even the CBI, on the materials and possibilities of the involvement of the private respondents, had opposed the plea of grant of interim bail/anticipatory bail, and therefore, the High Court ought not to have granted interim bail to them. 6) Learned senior counsel for the private respondents, however, submitted that from a reading of the FIR registered by the Police Station, Bhondsi, Gurugram, which was re-registered by the CBI, there is no allegation against the private respondents. Learned senior counsel further submitted that even the CBI in the reply affidavit filed before the High Court as also the documents produced before learned single Judge at the time of hearing of the matter does not show any involvement of the private respondents in the alleged offence. He, thus, submitted that the order dated 21.11.2017 passed by learned single Judge does not call for any interference. 7) We have given our thoughtful consideration to the various pleas raised by learned counsel for the parties. 8) In our considered opinion, the private respondents cannot be held guilty of any suppression, concealme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Similar pleas have also been raised in the reply filed in petition CRM-M-35002-2017. 17. The question, which arise for consideration at this stage is as to whether CBI intends to arrest petitioner without any evidence of their complicity in the crime only on the basis of possibilities and probabilities. The answer to this question will be in negative. It is not disputed that in the investigation conducted so far, there is not even a pointer of involvement of petitioners in the crime in this case. Some lapse or negligence on the part of school management or even of the trustees or other office bearer of the school if found at any point of time, may not be a pointer towards their complicity in commission of murder of a school student, until and unless there is some substantial evidence of their involvement in this crime. While passing order dated 07.10.2017, it was observed that CBI "is working on the theory of possibilities and trying to analyze certain facts and evidence collected so far in the mater, as such, it will be appropriate to give time to investigating agency to analyze the evidence before it, look into the role of petitioners in this case and apprise this Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llowing terms:- (i) that the petitioners shall make themselves available for interrogation by the investigating agency as and when required; (ii) that the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the accusation against them so as to dissuade him from disclosing such facts to the Court or to investigating agency; (iii) that the petitioners shall not leave India without the prior permission of the Court. (iv) that the petitioners will seek regular bail on the presentation of Challan in Court." 12) In our considered opinion, without expressing anything on the merits of the case as the investigation is still under progress and the CBI is yet to come to a conclusion regarding the involvement of the private respondents in the crime, the private respondents herein have made out a case for grant of protection by way of interim bail till the presentation of Challan by the CBI as has been passed by learned single Judge. Therefore, the order passed by learned single Judge granting interim bail to the answering respondents till the presentation of Challan cannot be faulted with. 13) In view of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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