- (1.) VIRENDRA Saran, J. Heard Sri Anil Mullick learned counsel for the applicant and the learned Additional Government Advocate.
(2.) CHARAN Singh Bhatti S/o Gopi Chand R/o Noora, P. S. Phase II, Sector 39 Noida, District Ghaziabad is accused in Crime No. 134 of 199i of P. S. Phase II, Sector NOIDA, district Ghaziabad under Sections 147, 148, 149, 307, 353, 332, 326, 335, 227, 395 and 397, I. P. C. Sec. 3 (1) of the Prevention of Damage of Public Property Act, 1984, and Sees. 3 (1) and 4 of the Terrorist and Disptrutive Activities Act, 1985 (hereinafter referred to the Act ). The applicant is in jail for a very long time and his grievance is that his bail application is not being considered on account of the facts that no Designated Court is functioning at Meerut. This application came up before me on 24-6-1993 and directed the Registrar to report whether the Designated Court at Meerut was functioning or not. The report of the Registrar dated 25-6-93 shows that by G. O. No. 6695/vii-Nyaya-2-712/85, dated Februarys, 1993 and another G. O. No. 661/vi-Nyaya-2-712/85 of the same date, the Government has appointed the Sessions Judge, Meerut as Designated Court at Meerut for the trial and disposal of the cases falling under the 'act of ten districts including Ghaziabad. The report further shows that the office of the District and' Sessions Judge, Meerut was lying vacant since January 24, 1993. Till the date of the report the likelihood of posting of a Sessions Judge in near future was there. I am now informed that a Sessions Judge has been posted at Meerut. The prosecution case, in brief, as mentioned in the F. I. R. dated 18-12-1991 is that on 12-12-1991 at 12 noon Truck No. DM3 1556 hit the barrier put up by police of P. S. Sector 39, NOIDA. Constable Sher Singh, who was in sentry duty informed S. I. , S. S. Rana who accosted the truck driver. The truck proceeded about 50 paces and stopped blocking the read. From the truck about 4 or 5 persons, armed with iron rod went towards Fajlu and the driver and his two or three companions engaged themselves in abusing constable Sher Singh and S. I. S. S. Rana, A crowd of about 200 or 300 people came near the barrier, some of them were armed with Lathi, Danda, iron rods and fire-arms, one of them Mahendra Bhatti exhortied his companions saying that the police officials had made the life of the people hell and they should be surrounded and done to death. Tue crowd which had assembled Sri Rana and some one from the crowd. hit Sri Rana with a rod, Sri Rana fired from his revolver. When Sri Rana fill down and became unconscious the crowd relieved Sri Rana of his revolver and cartridges. The incident was reported by wireless to the control room whereupon Sri R. K. Singh, Circle officer, NOIDA and the Jawans of P. A. C. arrived there. They tried to pacify the crowd but in vain. From the crowd Mahendra Btatti exhorted again, where upon Sri R. K. Singh, Circle Officer gave oral warning to the members of public assembled there to disperse but crowd started pelting brick bats toward the police and also committed loot and arosen and broke the telephone. They also set wireless set of the jeep of the Circle Officer to file. Thereupon the informant with his revolver and constable Ranvir Singh and P. A. C. men started firing. One of the members of the public namely Sant Ram son of Radhey Lal resident of Phudha, Sector 39, NOIDA was killed in firing. Some persons from the side of the police also received some injuries. After the police firing i he crowd dispersed creating hue and cry that the policeman should be beaten and killed. The crowd also set fire to two vehicles of fire brigade. Some persons of fire service also received injuries some private vehicles were also damaged.
(3.) THE FIR of the case was lodged by S. O. , Sector 39, Ghaziabad against a very large number of persons. As many as, 58 persons were named in the FIR. Learned counsel for the applicant submitted that out of 58 persons named in the FIR 57 have already been granted bail and only the applicant is languishing in jail because his bail application is not being considered because pf the non-availability of the Designated Court. The above fact is also mentioned in Para 4 of the affidavit. Learned counsel has also filed certified copies of bail orders of 42 accused including Mahendra Singh Bhatti who was the main accused and the kingpin in the crime.;