Goswami, J. - (1.) These two appeals by Special Leave are directed against the judgement and order of the Delhi High Court cancelling the orders of bail of each of the appellants passed by the learned Sessions Judge, Delhi. They were all arrested in pursuance of the First Information report lodged by the Superintendent of Police, C.B.I. on 10-6- 1977 in what is now described as the "Sunder Murder Case". The report at that stage did not disclose names of accused persons and referred to the involvement of "some Delhi Police Personnel." Sunder was said to be a notorious dacoit who was wanted in several cases of murder and dacoity alleged to have been committed by him in Delhi and elsewhere. It is stated that by May, 1976 Sunder became a "security risk for Mr. Sanjay Gandhi". It appears Sunder was arrested at Jaipur on 31-8-1976 and was in police custody in Delhi between 2nd of November, 1976 and 26th November, 1976 under the orders of the Court of the Additional Chief Metropolitan Magistrate, Shahdara, Delhi.
(2.) It is alleged that the appellants ranging from the Deputy Inspector General of Police and the Superintendent of Police at the top down to some police constables were a party to a criminal conspiracy to kill Sunder and caused his death by drowning him in the Yamuna in pursuance of the conspiracy. According to the prosecution, the alleged murder took place on the night of 24th of November, 1976.
(3.) The appellants were arrested in connection with the above case between June 10, 1977 and July 12, 1977 and the Magistrate declined to release them on bail. Thereafter, they approached the learned Sessions Judge under S. 439 (2), Criminal Procedure Code, 1973, (briefly the new Code) and secured release on bail of the four appellants, namely, Gurucharan Singh (Supdt. of Police), P.S. Bhinder (D.I.G. of Police), Amarjit Singh (Inspector) and Constable Paras Ram on 1st August, 1977 and of the eight other Police Personnel on 11th August, 1977.;