Bishamber Dayal vs. Bhagwan Dass

ITEM NO. 206 COURT NO.6 SECTION IIA SUPR EME COUR T OF I ND I A RECORD OF PROCEEDINGS CRLMP.4829/2009 IN Petition(s) for Special Leave to Appeal (Crl) No(s).6310/2008 (From the judgement and order dated 13/05/2008 in CRLA No.109/1997 of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH) BHAGWAN DASS & ANR. Petitioner(s) VERSUS STATE OF HARYANA Respondent(s) ( for interim bail and office report ) With Crl.MP Nos. 2111-2112/09 Date: 08/07/2009 This Petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE CYRIAC JOSESPH For Petitioner(s) Ns, Sarika Singh,Adv. Ms. Taushree Sinha,Adv. Mr. Vikram,Adv. Ms. Aparna Jha,Adv. Mr. Sushil Kumar Jain, Adv. Mr. Puneet Jain,Adv. Ms. Pratibha Jain,Adv. For Respondent(s) Mr. R. Purohit,Adv. Ms. Naresh Bakshi,Adv. UPON hearing counsel the Court made the following ORDER Ms. Sarika Singh, learned counsel appearing in Crl.Misc. Petition Nos. 2111-2112/09, submits that the same has been filed by Bishambhar Dayal, for leave to file the Special Leave Petitions. She submits that the Special Leave Petitions have been filed for enhancement of the punishment and compensation. Such permission is granted. Delay in filing the Special Leave Petitions is condoned. Let the said matter be tagged with SLP(Crl.) No. 6310/08. Let notice issue on the said Special Leave Petition. Since all the respondents in the said Special Leave Petition are duly represented, service of notice is waived.

Today, we are concerned with the prayer for bail made on behalf of

the petitioners in SLP(Crl) No. 6310/08. The said petitioners were convicted under Sections 326/331/343/346/34 of the Indian Penal Code and were sentenced to suffer rigorous imprisonment for two years for each of the offences, which were to run concurrently, and to pay a compensation of Rs.50,000/- each for all the offences and in default to further undergo rigorous imprisonment for six months each. Mr. Jain appearing in support of the prayer for bail submits that out of the said period of two years, the petitioners have already undergone about 13 months of imprisonment. Having heard learned counsel for the parties, we are inclined to allow the prayer for bail. Let the petitioners be released on bail to the satisfaction of the Trial Court. Prayer for bail is, accordingly, disposed of.

(Ganga Thakur) (Juginder Kaur) P.S. to Registrar Court Master