DEVINDER AND ANR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The Petitioners have filed the present petition seeking pre-arrest bail in a case registered against them for the offences under Sections 148, 149, 323, 324, 452 and 506 IPC. The Petitioners earlier filed Criminal Misc. No. M-31110 of 2010 which was dismissed as withdrawn vide order dated 20.10.2010. The said order reads as under:

(2.) In terms of the above order, the petition was dismissed with liberty to avail any other remedy. Learned Counsel for the Petitioners, however, submits that the petition was withdrawn as the same was not filed through guardian of the minors and, therefore, it has now been filed through their guardian. The said order has been passed by a Co-ordinate Bench of this Court and the same clearly records that it was dismissed as withdrawn with liberty to avail any other remedy. The Petitioners may, therefore, avail their other remedies in terms of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000. In case the Petitioners appear before the Juvenile Justice Board ('Board 1 - for short) and file an application for their release on bail, their application for release shall be considered by the Board after notice to the State. However, in the meanwhile in case a prayer is made for grant of interim bail, the same shall be considered by the said Board at the time of its filing in view of the law laid down by the Supreme Court in Mukesh Kishanpuria v. State of West Bengal, 2010 (2) RCR 830. It has been held in the said case that power to grant regular bail includes the power to grant interim bail pending final disposal of regular bail application. It was observed by the Supreme Court that it had been made clear on number of occasions that the power to grant regular bail includes the power to grant interim bail pending final disposal of regular bail application. This power, it was held, is inherent in the power to grant bail, particularly in view of Article 21 of the Constitution of India. A person, it was held, should not be compelled to go to jail if he can establish prima facie that in the facts of the case he is innocent. Accordingly, the case was disposed of with direction that if the Petitioner files a regular bail before the Court concerned, he may also file an application for interim bail along with the same which application shall be decided on the same day on which it was filed pending disposal of regular bail application.

(3.) The Supreme Court in Sukhwant Singh and Ors. v. State of Punjab, (2009) 3 SCC 487 :, 2009 (4) RCR 868 held as follows: