UDEY PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) ON 1st of December 1995, after hearing the arguments in sufficient details the case was adjourned as Mr. Suresh Monga D.A.G. then appearing for the State brought to my notice that police had registered a case against the accused and his brother vide F.I.R. dated 31st of October, 1995. It was with a view to see the progress made in that F.I.R. that the matter was adjourned for today. Mr. Ghai learned Senior Counsel appearing for the petitioner states that even though the said case was registered against the accused and his brother, Investigating Officer has submitted his report for cancellation of the same. Obviously, no truth was found in the prosecution case. Mr. Vijay Pal Singh, learned Assistant Advocate General appearing for the State was unable to controvert the factual position, put forth by the learned counsel for the petitioner. He, however, submits that Investigating Officer has submitted cancellation report but it is upto the higher authorities to see whether the F.I.R. is to be cancelled or not. The petitioner herein is asking for pre-arrest bail emanating from a complaint lodged against him and his co-accused under section 304-B of the Indian Penal Code. The occurrence is of 4th August, 1993 and as mentioned above the police has already made a report for cancellation of the F.I.R. against the petitioner and his co-accused. In the totality of the facts and circumstances of this case that are available, the Court is of the view that the petitioner deserves the concession of pre-arrest bail. Interim directions contained in my order dated 31st May, 1995 are made absolute. It is, however, ordered that the petitioner as long the trial against him continues shall not tamper with the prosecution evidence nor he shall leave the country without the permission of the Court. If there be any complaint against the petitioner, it shall be open for the complainant Ram Kumar to move for cancellation of bail granted to the petitioner. Disposed of accordingly