ARUN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners have approached this Court for grant of regular bail in case FIR No.376, dated 23.7.2011, which is registered against them under Sections 148, 149, 323, 341/307, 506, 427 IPC and also under the Arms Act, at Police Station City Yamuna Nagar. Since these four petitions bearing Criminal Misc. M Nos.28048 of 2011 (Arun Kumar Vs. State of Haryana), 31379 of 2011 (Mohit Sharma Vs. State of Haryana), 32748 of 2011 (Rajesh Sharma @ Kala Vs. State of Haryana) and 34368 of 2011 (Manish Kumar Vs. State of Haryana) have arisen against the same FIR, those are being disposed of by this common order. Notice of motion was issued and subsequently this Court found that the police file was not page marked.

(2.) Relying upon the earlier directions issued by the Court in Criminal Misc. M No.3990 of 2011 (Awadesh Kumar Chaturvedi Vs. State of Haryana) for maintaining the files according to the provisions of Cr.P.C., notice was issued to the Investigating Officer to show cause as to why proceedings for contempt be not initiated against him for violating the directions issued by this Court. Main prayer of the petitioners for bail, thus, got relegated with the proceedings of contempt initiated against the Investigating Officer. In a petition where person approaches for grant of bail, incidental issue of maintaining a case file may not have that relevance. Such matter can be separately dealt with without loosing sight of the main prayer in the petition. In any event, affidavit has been filed by the Investigating Officer to say that the case file would be maintained in future in accordance with the directions issued by this Court and also in accordance with the provisions of law.

(3.) Leaving this issue at that, case is now taken up for consideration for grant of bail to the petitioners as prayed for in the petitions.