P. D. Kudal, J. - (1.) This is an application under Section 438, Cr. P. C. praying that a direction be issued that in the event of arrest the accused petitioners may be enlarged on bail.
(2.) An application under section 438, Cr. P. C. for anticipatory bail was moved before the learned Sessions Judge, Alwar who dismissed the same on 15-3-1980. The learned Sessions Judge held that there is prima facie evidence of serious offence against Harji and Sarwan and, as such, direction under section 438, Cr. P. C. could not be issued. He further held that against the remaining accused persons no non-bailable offence is made out and as such, the application under section 438, Cr. P. C. is not maintainable. The learned counsel for the accused-petitioners has stated that in spite of the facts that the learned Sessions Judge has held that no non-bailable offence is made out against the other accused-persons except Sarwan and Harji, yet, the investigating agency is taking steps to arrest Sonya, Ramla, Puniya, Sukh Ram, and Jagannath. It is contended that only five accused-petitioners are the sons of Duda. As regards Mooli, Ram Pyari, Bachhi, Mohra and Tulsi, it was contended that they are ladies and have been implicated with a view to harass them. The learned counsel for the complainant has contended that the investigation has not been fair, and that an application has been moved before the S. P. Alwar on 11-3-1980 for transferring the investigation to some other officer. The learned Public Prosecutor appearing on behalf of the State has opposed the petition.
(3.) Respective contentions of the learned counsel for the accused-petitioners, learned counsel for the complainant and the learned Public Prosecutor have been considered and the record of the case carefully perused.;