DILAWAR Vs. THE STATE OF HARYANA & ANR.

JUDGEMENT

(1.) This application has been filed by CBI in a disposed of matter for modification of order of this Court dated 31 st January, 2017.

(2.) , FIR No.118 dated 27th Feb., 2016 was registered with the Police Station, Urban Estate, Rohtak alleging mob violence in 'jat agitation'. The petitioner was one of the accused arrested on 20th April, 2016 and was said to be in custody since then. The state police, after completing the investigation, filed chargesheet on 27th May, 2016 before the Court. However, the investigation was thereafter transferred, on 30 th September, 2016, to the CBI along with several other cases. Court proceedings were also transferred from regular courts to the CBI Court at Panchkula. The petitioner applied for bail before the Additional Sessions Judge, Rohtak which was dismissed on 12th July, 2016. Though some of the co-accused were granted bail by the High Court, bail application of the petitioner was dismissed by the High Court on 2 nd Dec., 2016. The High Court observed that prima facie the petitioner appeared to be the leader of the mob which indulged in arson, loot and mischief of burning of the house of a Cabinet Minister. When the matter came up before this Court against the order declining bail by the High Court, this Court while not granting bail directed that the trial be concluded as far as possible within six months.

(3.) In the present application it is stated that CBI is conducting investigation and has taken over only on 6 th October, 2016. There is voluminous task which is time consuming. Thus, trial cannot commence unless report under Section 173 Crimial P.C. filed by the CBI which will take long time.