IMPORTANT POINT
When there is no mention of involvement of person concerned in the FIR and investigation also does not point out the same, interi bail cannot be denied.

Headnote:Code of Criminal Procedure, 1973 – Section 438 – Matter receiving wide publicity in electronic and print media – In fact media trial was on – In the circumstances private respondents cannot be faulted for directly approaching High Court for anticipatory bail which has concurrent jurisdiction with the District court. (Para 9)
       Code of Criminal Procedure, 1973 – Section 438 – No allegations made against the private respondents in the FIR – In the investigation so far there is no evidence of their complicity in the crime – Grant of protection by way of interim bail by High Court till the presentation of Challan by the CBI cannot be faulted. (Para 10, 11, 12)
       Facts of the case:
       This case relates to grant of interim bail in the Ryan International School case.
       Finding of the Court:
       High Court rightly granted interim bail.
       Result: Appeal allowed.

ORDER :

R.K. Agrawal, J.

1. Leave granted.

2. The present appeal is directed against the judgment and order dated 21.11.2017 passed by the High Court of Punjab & Haryana at Chandigarh in Criminal Miscellaneous Nos. M-35002 and 35003 of 2017 whereby learned single Judge of the High Court had granted interim bail to Mr. Ryan Pinto, Dr. Augustine Francis Pinto and Mrs. Grace Pinto-the top management executive of the Ryan International School till the presentation of challan subject to certain conditions.

3. Brief facts:

(a) On 08.09.2017, the appellant herein dropped his son Pradyumn Thakur, aged 7 years, and his daughter, Vidhi Thakur to their School, viz., Ryan International 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 (Department of Personnel and Training) Government of India, New Delhi, vide Notification dated 22.09.2017, transferred the investigation of the case to the CBI which re-registered the FIR already registered by the police authorities as case bearing No. RC8(S)/2017/SC-III/New Delhi on 22.09.2017 itself which is a reproduction of the FIR recorded by the police authorities at Police Station Bhondsi, Gurugram.

(c) The private respondents, viz., Mr. Ryan Pinto, Dr. Augustine Francis Pinto and Mrs. Grace Pinto approached the Bombay High Court by filing Anticipatory Bail Application being Nos. 1599 and 1608 of 2017 for grant of transit/ anticipatory bail. Learned single Judge of the High Court of Judicature at Bombay, vide order dated 12.09.2017 in Anticipatory Bail Application No. 1599 of 2017 granted interim stay from arrest of these persons and the matter was posted for 13.09.2017. On coming to know about the filing of the above anticipatory bail applications, the appellant herein approached the High Court of Bombay by filing the intervention application opposing the transit bail. Learned single Judge of the High Court, vide order dated 14.09.2017, rejected the anticipatory bail applications being Nos. 1599 and 1608 of 2017. However, the interim relief granted by the High Court vide order dated 12.09.2017 was extended till 5:00 p.m. of 15.09.2017 subject to certain conditions.

(d) It may be relevant to mention here that immediately on the next date of the incident, that is, on 09.09.2017, a Resolution was passed by the District Bar Association, Gurugram condemning the brutal and dastardly act of the accused unanimously resolving that no Member of the Bar would appear/represent the accused before the Court or any other Forum. A similar Resolution was passed by the District Bar Association, Sohna.

(e) The private respondents approached the Punjab & Haryana High Court on 15.09.2017 by filing CRM-M Nos. 35002 and 35003 of 2017 for grant of interim bail. However, the said petition was accepted by the Registry of the High Court on 17.09.2017 and the copy of the said petition was supplied to the office of learned Advocate Ge

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2017 Supreme(SC) 1173

IMPORTANT POINTWhen there is no mention of involvement of person concerned in the FIR and investigation also does not point out the same, interi bail cannot be denied.

IMPORTANT POINT
When there is no mention of involvement of person concerned in the FIR and investigation also does not point out the same, interi bail cannot be denied.