The court's decision was based on the lack of evidence against the petitioner, his standing in society, and the lack of serious efforts by the CBI to interrogate him.

( 1 ) ON an application us 438 of the Code of Criminal Procedure, the petitioner was directed to be released on bail. in the event of his arrest by the Central Bureau of Investigation. CBI Office, CGO Complex, New Delhi, on his furnishing a personal bond in the sum of Rs. 20,000 with one surety in the like amount to the satisfaction of the arresting officer. He was. however, directed to join the investigation as and when called upon by the 10 by a written requisition. This order wasassed on 11-9-90 and was communicated to the officers of the CBI by a telephonic message. Notice of this application was sent to the respondents for 26th September, 1990 to show cause, why anticipatory bail be not confirmed.

( 2 ) THE respondent-OBI has filed the reply and has opposed the confirmation of the anticipatory bail of the petitioner on numerous grounds, namely :

(1) The petitioner is involved in a case of murder which is an offence of serious nature. He is an influential person of the area and is capable of organising huge rallies with a view to prevent the concerned persona not to be witnesses in the case. One of the eyewitness has in fact been threatened or serious consequences in case he attempted to depose against the petitioner. The treatment meted out to the officer, of the CBI who had gone to the residence of the petitioner for search and his arrest on 11-9-90 by ilself is an example of his influence. (2) The investigation of this case where the accusecd is alleged to have organised a mob in tigated them to murder and burn the houses of a particular community is, at a crucial stage and the petitioner being at large, will certainly hamper the investigation. (3) Most of the witnesses in this case are either widows, destitutes or uprooted persona and they are under the constant threat of the petitioner and his associates. Because of this terror, they are not coming forward to make the statements even though have been shifted to safer places. (4) The Poti-Rosha Committee having found a prima facie case against the petitioner, has recommended the registration and investigation of the case by the CBI and keeping in view the nature of the offence and the persons involved, anticipatory bail should not have been granted. (5) The prosecution has still to take into possession 6 swords which were found in the house of the petitioner and were not allowed to be taken into custody. During this search, the petitioner has also been found in possession of the documents which in the ordinary course should not have been there; (6) In this case, this court has granted the petitioner a blanket order of bail which is not in accordance with law and is liable to be cancelled.

( 3 ) IN order to demonstrate the seriousness of the offence, learned Additional Solicitor General referred to the affidavit and the statement of Aawar Kaur which formed the basis of the registration of the case uss 147, 148, 149, 247, 430/34 Indian Penal Code against the petitioner and 5 others at police station Punjabi Bagh, New Delhi In brief, her case is that at the time of the assessination of the late Prime Minister Smt. Indira Gandhi, the petitioner alongwith her husband Shri Navin Singh, and children was living in her house No. A-4, Sultanpuri, Delhi. On 1-11-84, while she alongwith her other family members was present in her house, she saw thousands of people of the area armed with lathis, dandas, iron-rods and knives, looting the house of Sardars end setting them on tire. This mob was being led by MP Sajjan Kumar who was ins igating them that all male folks be burnt to death and their property be looted. Under that instigation, her husband was dragged out and attacked with a sharp-edged weapon and burnt to death after pouring kerosene oil on him. Thereafter, her house was also burnt. She took refuge in the house of her daughter Film Kaur, who was residing in D-Block Sultanpuri. Late at night, some people came there and removed the burnt dead body of her hus