STATE CBI SPE NEW DELHI Vs. PAL SINGH

JUDGEMENT

(1.) Leave granted.

(2.) The order of the High Court now under challenge is one of granting bail to some of the accused persons. On a perusal of the facts alleged against the accused we thought, at the time of admission of the special leave, that impugned order was susceptible to certain consequences and hence we suspended the operation of the said order on 23.7.1999 and directed the respondents accused to be put back in jail. But despite the efforts adopted by us to have the trial of the case progressing and reaching its logical conclusion it is a stark irony that the trial has not even begun yet. Neither the prosecution nor the defence could make even a guess as to when the trial could possibly commence, much less end. In such a situation of compounded uncertainty the respondents who were arrested in connection with this case way back in August 1996, cannot justifiably be detained in jail as under-trial prisoners, despite all the ostensible serious features of the crime delineated by the Central Bureau of Investigation (CBI).

(3.) The Incidents which gave rise to this ball matter happened on 13.9.1992 when a sitting MLA of the U. P. Vidhan Sabha (Mahendra Singh Bhatti) and another person (Uday Prakash Arya) were gunned down by armed assailants in the sight of the onlookers at a busy locality. In the same shoot-out certain other persons were also injured, some very badly. But the local police could not achieve any tangible progress in investigation and hence the CBI was entrusted with the task.