JUDGMENT

KAILASAM, J.:— This appeal is by special leave by the three appellants against the judgment of the High Court of Punjab and Haryana in Criminal Miscellaneous No. 4090-M of 1976 dismissing an application under S. 439, Criminal Procedure Code, praying that the appellants be released on bail during the pendency of their trial in a case under S. 304 read with S. 148, I.P.C.

2. The facts of the case are briefly as follows. The three appellants, Bashir, Kundan and Sadiq, along with eight others are being prosecuted for offences under S. 302 read with S. 149, S. 347 read with S. 149 and S. 143 read with S. 147, I.P.C. for causing the death of one Sagru and grievous and simple injuries to three others. While eight others were released on bail, the appellants were refused bail as it was alleged that they caused injuries to Sagru. The First Information Report of the offence was lodged on Dec. 2, 1975 and the three appellants and eight others were arrested on the same day. Though the other eight accused were released on bail, the bail application of the three appellants was rejected by the Sessions court on December 15, 1975. The High Court also declined to release them on bail by an