IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-14289 of 2010 Date of decision: 17.5.2010 Kaptan and anr. …. Petitioners Versus State of Haryana ….. Respondent Present : Mr. Ashit Malik, Advocate for the petitioners. *** S.S. SARON, J. Heard counsel for the petitioners. The petitioners seek anticipatory bail in a case registered against them on 21.6.2003 for the offences under Sections 307, 302/34 and 120 IPC. The FIR in the case has been registered on the statement of Kailash (deceased). According to the complainant – Kailash, at about 2.00 a.m. on the intervening night of 20/21.6.2003 he as also his wife – Sewa Devi and his son Rakesh, were sleeping on the roof of their house. The roof of the house of Balbir adjoins the roof of the house of Kailash. At night, while they were sleeping, the petitioners Kaptan and Mahabir as also Balbir and Rohtash son of Rajbir came from the roof of the house of Balbir and threw acid on them. Kailash and his wife shouted ‘Mar Gai Mar Gai’. The Jug containing acid was in the hands of Rohtash son of Rajbir. The brother of the complainant namely Ram Chand and daughter of the complainant namely Sangeeta had also seen the accused running away. The face, eyes, Crl. Misc. No. M-14289 of 2010 [2] both hands, stomach, both the feet, back and the forehead of the complainant were badly burnt by the acid. Drops of the acid also fell on Sewa Devi- wife of the complainant and Rakesh – his son. About 4 years earlier to the incident, the complainant and Rajbir who is father of Rohtash had exchanged blows and because of that grudge, acid was thrown on him. As a result of the acid, Kailash - complainant died. In the post-mortem report, the cause of death has been mentioned as due to shock because of burns which were ante- mortem in nature and could lead to death in the ordinary course of events. The petitioners, however, were not charge sheeted (challaned) by the Police and only Rohtash son of Ranjit and Rajbir son of Ranjit were charge sheeted (challaned) by the Police. During trial of the case, Sewa Devi wife of Kailash (deceased) appeared before the trial Court on 5.7.2004 and she named the petitioners Kaptan and Ranbir as also Raghbir son of Ranjit and Rohtash son of Rajbir who had thrown the acid. In view of the said statement, the cross examination of Sewa Devi (PW1) was deferred as an application under Section 319 CrPC was to be filed. An application under Section 319 CrPC was filed by Sewa Devi (PW1) through the PP. The same was dismissed by the learned Additional Sessions Judge, Panipat vide order dated 28.3.2005 (Annexure P2). Sewa Devi aggrieved against the same, filed Criminal Revision No.883 of 2005 in this Court, which was disposed of vide order dated 18.1.2006 (Annexure P3) and the order of the trial Court was set aside and a direction was issued to the trial Court to pass a fresh order in accordance with law. Against the said order dated 18.1.2006 (Annexure P3), Rohtash and others filed SLP (Crl.) No.911/2006 in the Supreme Court of India. Crl. Misc. No. M-14289 of 2010 [3] Meanwhile, the learned trial Court vide order dated 1.2.2006 (Annexure P5) summoned the petitioners Kaptan and Rambir as also Raghbir son of Ranjit and Rohtash son of Rajbir. The SLP filed by Rohtash and others was dismissed by the Supreme Court of India on 22.3.2010 (Annexure P6). It was observed that the cause in the SLP did not survive, therefore, no orders were required to be passed. According to the learned counsel for the petitioners, Sewa Devi (PW1) wife of deceased – Kailash has stated that she did not support the prosecution case qua the petitioners. Besides, it is stated that the case has been pending for the last six years. Therefore, the petitioners are entitled for pre-arrest bail. After giving my thought consideration to the matter, it may be noticed that there is nothing on record to show that Sewa Devi wife of deceased – Kailash has resiled from her statement (Annexure P1), which was recorded on 5.7.2004. The cross- examination of Sewa Devi is yet to be conducted. The petitioners have been summoned as additional accused. The allegations against them in the FIR and in the statement of Sewa Devi are that they threw acid on Kailash (deceased) as also on his wife – Sewa Devi and his son Rakesh. Kailash died due to burn injuries that he received. However, almost seven years have lapsed since the date of the occurrence. In the facts and circumstances of the case and keeping in view the nature of allegations, no ground for the grant of pre-arrest bail is made out. However, keeping in view the time lag from the date of the incident till date and also the fact that the petitioners were found innocent during investigation, it would be just and expedient if Crl. Misc. No. M-14289 of 2010 [4] their application for regular bail is considered by the learned trial Court and till such consideration, they are admitted to interim bail. The case before the learned trial Court is listed for hearing on 25.5.2010. In the circumstances, the present petition seeking pre- arrest bail is dismissed. The petitioners shall put in appearance before the learned trial Court on 25.5.2010. However, in case they file an application for bail and are ready to furnish bail bonds and surety to the satisfaction of the learned trial Court, they shall be admitted to interim bail, which shall continue till their regular bail application is decided. The learned trial Court shall make every effort and endeavour to consider the regular bail application of the petitioners as expeditiously as possible and preferably within a week from the date of its filing. (S.S. SARON) JUDGE May 17, 2010 ASR