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 and 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 General for the State of Haryana on 18.09.2017. It appears that in the meantime, Dr. Augustine Francis Pinto approached this Court by filing a writ petition (criminal) being No. 139 of 2017 seeking transfer of case from the Punjab and Haryana High Court to Delhi which was taken up on 18.09.2017 and this Court disposed of the writ petition while deprecating the practice of the Bar Associations to pass a Resolution of this nature and also recorded the fact that the Bar Associations have withdrawn the Resolution. (f) CRM-M Nos. 35002 and 35003 of 2017 for grant of interim bail were taken up by the Punjab and Haryana High Court but the effective order was passed only on 28.09.2017 staying the arrest of the private respondents till 07.10.2017 when the matter was directed to be listed. The appellant approached this Court by filing a petition for Special Leave to Appeal being Diary No. 30996 of 2017 which was taken up on 13.10.2017 by this Court when learned counsel for the appellant informed this Court that the appeal had become infructuous. (g) Learned single Judge of the High Court, vide judgment and order dated 07.10.2017 in CRM-M Nos. 35002 and 35003 of 2017, considered the submissions made by the respective parties including that of the appellant and while fixing the cases for 05.12.2017 granted interim bail to the private respondents with certain directions. The operative portion of the order dated 07.10.2017 is reproduced below:- "It is a case where a student of a school has been murdered. After registration of the case, investigation with CBI is still at initial stage. It is working on the theory of possibilities and trying to analyse certain facts and evidence collected so far in the matter. The petitioner are admittedly resident of Mumbai. The question before the investigation agency is as to whether the provisions of Section 75 of the JJ Act or 12 of POCSO Act are attracted against the petitioner; whether the child was in direct and actual control of petitioners; or they have any other role in this case. Keeping in view the facts discussed above, I find it appropriate to give time to the investigation agency to analyse the evidence before it, look into the role of petitioners in this case and apprise this Court with further progress in the investigation and evidence against petitioners collected during investigation. On behalf of Ryan Augustine Pinto, it has been argued that he has no concern with the Trust running Ryan Schools but a magazine of the Ryan International School, Bhondsi, Gurugram shows that it has a message with his photograph, when he is mentioned as CEO of Ryan International Group. By joining the investigation, petitioner Ryan Augustine Pinto will be in a position to place required material before the CBI regarding allegations against him that he is in management of the school. Consequently, petitioners in both the petitions are directed to join the investigation by the CBI on receipt of notice in this regard. In the event of their arrest being required, they will be allowed interim bail in case bearing FIR No. RC 8(S)/2017/SC-III/New Delhi dated 22.09.2017 for the offences punishable under Sections 302 read with Section 34 IPC, Section 25 of the Arms Act, Section 75 of the JJ Act and Section 12 of POCSO, Act, 2012 (earlier FIR No. 250 dated 08.09.2017 registered at Police Station Bhondsi, Gurugram) till next date on their furnishing bonds to the satisfaction of Investigation Agency. However, they shall abide by the terms and conditions as envisaged under Section 438(2)(i) to (iv) Cr.P.C. failing which they shall loose the benefit of interim bail allowed to them. Further report relating to investigation be submitted on the next date. List on 05.12.2017." (h) The appellant, once again approached this Court by filing petition for Special Leave to Appeal (Criminal) being Nos. 8044-8045 of 2017 challenging the order dated 07.10.2017 passed by learned single Judge of the Punjab and Haryana High Court. This Court, vide order dated 06.11.2017, disposed of the special leave petitions by requesting the High Court to dispose of the bail applications within a period of 10 (ten) days hence. This Court was inclined to made such request as the High Court had granted interim protection to the private respondents under Section 438 of the Code of Criminal Procedure, 1973 (in short 'the Code') for a long period. Pursuant to the order dated 06.11.2017 passed by this Court, learned single Judge of the High Court, considered the matter afresh and vide judgment and order dated 21.11.2017, made absolute the interim bail granted on 07.10.2017 to the private respondents till the presentation of the challan subject to certain conditions. ;