STATE OF HARYANA Vs. GURMESH BISHNOI

JUDGEMENT

(1.) IN F.I.R. No. 216 dated 26.4.1994, P.S. Civil Lines, Hissar, under Sections 302/201, Indian Penal Code, Sessions Judge, Hissar, refused to grant concession of pre-arrest bail to Dr. Balbir Singh, but gave this concession to the respondents namely Gumesh Bishnoi, brother of Dr. Balbir Singh and Ashok Kumar son of Dr. Balbir Singh, subject to the condition that they would join investigation in the case as and when called and shall comply with the other conditions as mentioned in sub-section (2) of Section 438 Cr.P.C. Feeling aggrieved of the order, the State has filed this petition under Section 439(2) Cr.P.C. praying that the impugned order be set aside and pre-arrest bail allowed to the respondents be canceled.

(2.) THE facts which have given rise to this petition are as under :-

(3.) MR . Sibal, appearing for the State, contended that grant of anticipatory bail to the respondents is totally unjustified. According to him, Dr. Balbir Singh is suffering from polio disease and his one leg and one hand are very seriously affected by the disease. Further, involvement of more than one person cannot be ruled out and the death must have been caused not only by Dr. Balbir Singh, but other family members namely Gurmesh Bishnoi and Ashok Kumar. He took me through the relevant material on record and placed reliance upon a decision of Supreme Court in Pokar Ram v. State of Rajasthan, AIR 1985 SC 969.