THE STATE OF HARYANA Vs. RAJINDER NATH

JUDGEMENT

(1.) BY this Order the following three petitions filed by the State of Haryana under Section 439(2), Criminal Procedure Code, for cancellation of the bail of the Respondents in these petitions will be decided as common questions of law are involved therein: <FRM>JUDGEMENT_4_LAWS(P&H)11_1975.htm</FRM>

(2.) AGAINST the Respondents in cases mentioned at Serial Nos. (1) and (2) above, the first information reports were lodged on 5th July, 1975, under Rule 33 of the Defence of India Rules, and the Respondents were arrested on the same date. However, in the third case State v. Mohinder Parkash Gupta, the case under Rule 33 of the Defence of India Rules was registered on 7th July, 1975, and the accused were arrested on that date.

(3.) MR . H.N. Mehtani, the Learned Counsel for the State, argued, that according to the provisions of Rule 184 of the Defence of India Rules, the Respondents could not be released on bail, and, therefore, the orders, passed by the Sessions Judge are illegal and may be set aside and they may be committed to custody. There is no dispute regarding the facts of these cases mentioned above. The law regarding the grant of bail is a matter of procedure and the order of bail is to be passed in accordance with the law prevailing at the time when the order is passed. Rule 184 of the Defence of India Rules reads as follows: