LAWS(P&H)-2006-2-215

SABDIL Vs. STATE OF HARYANA

Decided On February 22, 2006
SABDIL Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) The petitioner Sabdil has filed the present petition under Section 439 CrPC for his release on bail in case FIR No.312 dated July 10,2002 registered under Sections 302,102-B IPC with Police Station Sadar Thanesar.

(2.) At the outset, it may be noticed that an earlier bail application filed by the petitioner being Crl.Misc.No.25847-M of 2004 was dismissed by this Court vide order dated December 8, 2004. Another bail application being Crl.Misc.No.19082-M of 2005 was got dismissed as withdrawn by the petitioner vide order dated July 8, 2005. FIR in question was registered on the statement made by Joginder Singh son of Amar Singh on July 10,2002. The aforesaid FIR has been appended as Annexure P.1 with the present petition. Joginder Singh had stated that his son Ranjit Singh was killed by four persons who had emerged from the sugar cane field and after commiting the crime had run away. Initially, investigation was conducted by the Haryana Police as well as the CID, Crime Branch, Haryana. A challan was presented by the prosecution with the trial Judge on February 26, 2003. The present petitioner was shown to have been involved in the commission of crime. On presentation of the challan, the matter was committed to the Sessions Judge for trial. Formal charges were framed against the petitioner. It is, thus, clear from the perusal of the aforesaid facts that initially the challan was presented within a period of 90 days from the date of arrest of the applicant-petitioner i.e. from December 2, 2002. It is also apparent from the record of the case that after the presentation of challan, trial commenced before the trial Court and twenty two prosecution witnesses were examined. At that stage, an application was moved by Joginder Singh, father of the deceased Ranjit Singh, before this Court for handing over the investigation to CBI. Vide an order dated November 10,2003, the matter was handed over to CBI for further investigation and also to find out the role of various other persons who might have been involved in the commission of offence remaining behind the scene. Thereafter, the matter was investigated by the CBI. It further appears from the record that the matter was taken before Hon'ble Supreme Court of India in SLP No.144 of 2004 by the present petitioner and some other persons. The order passed by this Court for handing over the investigation to CBI was stayed vide order dated January 23, 2004 passed by the Apex Court.

(3.) In these circumstances, CBI could not investigate the matter any further. Thereafter vide order dated October 29,2004, the aforesaid interim stay order was vacated by the Hon'ble Supreme Court of India. On vacation of the aforesaid order, the CBI started reinvestigating the matter.