Kanwaljit Singh Ahluwalia, J. - (1.) Present application has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioners in a case arising out of F.I.R. No.15/2011, registered at Police Station, Narainpur, District Alwar, for offences punishable under Sections 147, 148, 149, 323, 326, 307, 336, 452, 427 and 447 I.P.C.
(2.) This Court on 11.12.2013 had passed the following order:- "Against the co-accused of the petitioners trial has proceeded. Ten witnesses have been examined in May 2012. Investigating Officer is directed to file an affidavit as to why present petitioners were not arrested? A show cause notice is also issued to the Investigating Officer why cost should not be imposed upon him, for dereliction in duty. List on 20th December, 2013. Copy of this order is handed over to Shri Sanjeev Kumar Mahla, learned Public Prosecutor for compliance."
(3.) In pursuance thereof, Investigating Officer has filed an affidavit. It is stated in the affidavit that after lodging of the F.I.R., the statements of independent witnesses were recorded. Opinion of the Medical Jurist was obtained. As per opinion, injured Shyam Lal had suffered a serious injury, which was declared as dangerous to life. Investigating Officer submitted charge-sheet against the accused, namely Jairam, Ramavatar, Dalu @ Dalchand, Chhitar and Pooran; and qua the remaining accused kept investigation pending under Section 173 (8) Cr.P.C. It is further stated in the affidavit that since search was being made to apprehend the accused, charge-sheet was not submitted against them and investigation was kept pending under Section 173 (8) Cr.P.C.;