RAKESH AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition under Section 439 Cr.P.C. is for grant of regular bail during the pendency of the trial in case FIR No.39 dated 29.04.2010, registered under Sections 148, 149, 332, 353, 186, 436, 511, 341 of the Indian Penal Code and Sections 3/4 of the PDPP Act, 1984, at Police Station Rajound, District Kaithal.

(2.) The learned counsel for the petitioners contends that the petitioners were earlier admitted to bail by the trial Court. The coaccused, Kulbir, Raj Mal, Naresh and Dhira, approached this Court. This Court, while dismissing their bail petitioners, took suo motu notice of the bail granted to the present petitioners and ultimately, cancelled the same, vide order dated 04.04.2012. The petitioners approached Hon ble the Supreme Court, however, their bail petitions were dismissed with a direction to approach the learned trial Court. In pursuance of the order passed by the Hon ble Supreme Court, the petitioners approached the learned trial Court but their bail applications were rejected by the learned trial Court on 03.09.2012. Against this order, the petitioners have filed the present petition. The learned counsel further contends that the bail of the petitioners was declined primarily on the ground that they were admitted to bail despite the period being inadequate. Now, the petitioner are in custody since 27.04.2012. He further states that the co-accused, Kulbir, Raj Mal, Naresh and Dhira, against whom there are specific allegations of leading and inciting the mob to break window panes and to put the Police post on fire, have been admitted to bail by Hon ble the Supreme Court.

(3.) On the other hand, the learned State counsel, on instructions from ASI Baksa Singh, submit that a fresh enquiry has been instituted to find out the precise role of all the accused. Therefore, the present petition deserves to be dismissed.