AI Drafter 
TaxTMI 
TaxTMI 
2017 (12) TMI 1786
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....ional School, Bhondsi at 8:00 a.m. At 08:10 a.m., the appellant received a phone call of his wife who asked him to immediately call Ms. Anju Dudeja of the said School. When the appellant contacted Ms. Anju Dudeja, she told him that his son had a cut on his neck and is profusely bleeding. She asked him to reach Badshahpur Hospital where he was being taken. The appellant, along with his wife, left for Badshahpur Hospital but on the way he received a call from Ms. Anju Dudeja that they were taking the child to Artemis Hospital. On reaching there, the appellant found that there was a cut on the right side of his son's neck up to the ear and his son was in Emergency Ward. The Doctor informed the appellant that his son Pradyumn had died. (b) On receipt of the information, the police recorded a First Information Report (FIR) being No. 250 of 2017 dated 08.09.2017 at Police Station Bhondsi, Gurugram and arrested one Ashok Kumar, son of Amichand, on the same day. The State Government (Haryana), issued a Notification dated 17.09.2017, requesting the Central Bureau of Investigation (CBI) to take up the investigation. The Ministry of Personnel, Public Grievances and Pension (Dep....
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....rom the Punjab & Haryana High Court to Delhi which was taken up on 18.09.2017 and this Court disposed of the writ petition while deprecating the practice of the Bar Associations to pass a Resolution of this nature and also recorded the fact that the Bar Associations have withdrawn the Resolution. (f) CRM-M Nos. 35002 and 35003 of 2017 for grant of interim bail were taken up by the Punjab & Haryana High Court but the effective order was passed only on 28.09.2017 staying the arrest of the private respondents till 07.10.2017 when the matter was directed to be listed. The appellant approached this Court by filing a petition for Special Leave to Appeal being Diary No. 30996 of 2017 which was taken up on 13.10.2017 by this Court when learned counsel for the appellant informed this Court that the appeal had become infructuous. (g) Learned single Judge of the High Court, vide judgment and order dated 07.10.2017 in CRM-M Nos. 35002 and 35003 of 2017, considered the submissions made by the respective parties including that of the appellant and while fixing the cases for 05.12.2017 granted interim bail to the private respondents with certain directions. The operative p....
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....e. List on 05.12.2017." (h) The appellant, once again approached this Court by filing petition for Special Leave to Appeal (Criminal) being Nos. 8044-8045 of 2017 challenging the order dated 07.10.2017 passed by learned single Judge of the Punjab & Haryana High Court. This Court, vide order dated 06.11.2017, disposed of the special leave petitions by requesting the High Court to dispose of the bail applications within a period of 10 (ten) days hence. This Court was inclined to made such request as the High Court had granted interim protection to the private respondents under Section 438 of the Code of Criminal Procedure, 1973 (in short 'the Code') for a long period. Pursuant to the order dated 06.11.2017 passed by this Court, learned single Judge of the High Court, considered the matter afresh and vide judgment and order dated 21.11.2017, made absolute the interim bail granted on 07.10.2017 to the private respondents till the presentation of the challan subject to certain conditions. 4) We have heard learned counsel for the parties and perused the records. 5) Learned counsel for the appellant contended that the private respondents while approaching the....
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....p the investigation of this case on 22.09.2017, the records of the school management and those of the head office of Ryan International Group of Institutions have not been collected by CBI and the investigation is at a preliminary stage." Learned counsel, thus, contended that even the CBI, on the materials and possibilities of the involvement of the private respondents, had opposed the plea of grant of interim bail/anticipatory bail, and therefore, the High Court ought not to have granted interim bail to them. 6) Learned senior counsel for the private respondents, however, submitted that from a reading of the FIR registered by the Police Station, Bhondsi, Gurugram, which was re-registered by the CBI, there is no allegation against the private respondents. Learned senior counsel further submitted that even the CBI in the reply affidavit filed before the High Court as also the documents produced before learned single Judge at the time of hearing of the matter does not show any involvement of the private respondents in the alleged offence. He, thus, submitted that the order dated 21.11.2017 passed by learned single Judge does not call for any interference. 7) We have....
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....t here is possibility of petitioners being member of conspiracy behind the crime in this case. In para 12 of the para-wise reply, it has been stated that CBI has yet to examine and analyze the role of petitioners in this case. Similar pleas have also been raised in the reply filed in petition CRM-M-35002-2017. 17. The question, which arise for consideration at this stage is as to whether CBI intends to arrest petitioner without any evidence of their complicity in the crime only on the basis of possibilities and probabilities. The answer to this question will be in negative. It is not disputed that in the investigation conducted so far, there is not even a pointer of involvement of petitioners in the crime in this case. Some lapse or negligence on the part of school management or even of the trustees or other office bearer of the school if found at any point of time, may not be a pointer towards their complicity in commission of murder of a school student, until and unless there is some substantial evidence of their involvement in this crime. While passing order dated 07.10.2017, it was observed that CBI "is working on the theory of possibilities and trying to analyze....