K.C.GUPTA, J. - (1.) THIS is a petition filed by State of Haryana against Mehant Chand Nath Yogi and Raj Singh, accused, for cancellation of anticipatory bail granted to them, under Section 439(2) read with Section 482 Cr.P.C. in case FIR No. 17 of 1999 under Sections 302/120B IPC read with Section 25 of the Arms Act registered at Police Station Bawal.
(2.) BRIEFLY stated, the facts are that Shri Randhir Singh son of Chote Ram, complainant, is resident of Police Station Sampla. Baba Azad Nath aged about 50 years of the village of the complainant had been residing at Shiv Mandir, Assalwas since 1984. The complainant used to visit him to pay his obeisance. On 24.1.1999, at about 5.30 P.M., the complainant had gone to temple Assalwas to have Darshan of Baba. After the ARTI was over at about 6.30 P.M., Baba sat outside with his sewaks. At that time, Tejpal Singh son of Ami Lal, Jaina son of Parbhata Gujar and Omvir son of Rampal Gujar were also present. One person aged about 25/26 years of the height of 5'-6" wearing pant and bushirt covering himself with a blanket of black colour visited Baba and expressed his desire to comsume Sulpa upon which Baba refused to oblige him by saying that he even did not take tea, cigarette or bidi but to talk of Sulpha. However, Baba invited him to have food but the guest refused and stated that he had come only to enjoy Sulpha as his vehicle was being unloaded in the factory. On enquiry, he disclosed himself to be belonging to Sangwan Caste, resident of Jind. Baba told him to leave place from the front gate if he did not want any food. As they were taking food in the veranda, then Baba got up to urinate himself and went behind. After 4-5 minutes, there was a sound of bursting of a cracker and Baba said that had he had run away. After leaving the food, they went on the back side and saw Baba lying near the tree with his face downwards. They raised alarm and on turning saw Baba that there was a wound on the right side of the chest and blood was cozing out of that wound. On hearing their raula, many persons collected but by that time Baba had breathed his last. He doubted that the same guest who had come to enjoy Sulpha had murdered Baba with fire arm. Parkash son of Satbir was also present in the Mandir at that time. Case was registered at about 8.30 P.M. on the statement of the complainant, Randhir Singh s/o Chote Lal in Police Station Bawal.
(3.) THE petitioners were granted anticipatory bail by the Additional Sessions Judge, Rewari, vide his order dated 9.4.2001, Annexure P-1.;