AI Structured Summary
Not yet generated for this judgment
Judgment
The petitioners undertake to affirm and stamp the petition/application as per Rules within 48 hours of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference.
It is undisputed that an FIR was lodged and the Police Case No. 136 of 2018 was started against several persons and the arrest was made. Later on the aforesaid accused persons were released on bail and the charge-sheet has already been filed on 25th September, 2019.
The instant case has commenced against a rival group on 8th March, 2020 under Sections 341/323/506/304/34 of the Indian Penal Code and the petitioners were taken into custody on the same date of incident and they are languishing in jail for nearly 40 days and applied for bail.
It is submitted by the learned Advocate for the petitioners that since most of the charging sections are bailable in nature except under Section 304 of the Indian Penal Code, they are unnecessarily apprehended by the Police Authorities in the guise of an investigation and therefore, should be released on bail.
The learned Public Prosecutor submits that initially because of an assault having made to a victim, who was immediately admitted in the Hospital, the FIR was lodged under the aforesaid Sections but subsequently the said victim died having succumbed to the injuries and the investigation is in process and the charge-sheet shall be filed in a short span of time adding Section 302 of the Indian Penal Code.
Having considered the respective submissions and the post mortem report as well as the materials available before us including the complicity of the petitioners to the alleged offence and the very fact that the investigation is still going on, we do not feel that it is a fit case, where the petitioners should be enlarged on bail.
The application for bail filed by the petitioners is hereby rejected.
In view of the dismissal of the main application, the connected application becomes infructuous and the same is accordingly dismissed.