MAHESH BHAGWATI, J. - (1.) TWO separate bail petitions one on behalf of the petitioners Khemi @ Khem Singh & Ors and another on behalf of Sher Singh and Ram Lal filed under Section 438 of Cr.P.C. by Mr. Narendra Singh Dhakad Advocate arise out and pertain to one FIR No. 158/08 of police station Halena registered in the offences under Sections 147, 148, 149, 341, 332, 353, 307 of IPC and Section 3 of P.D.P.P. Act, hence they are being dispose of by this common order.
(2.) HEARD the learned counsel for the petitioners as also the learned Public Prosecutor for the State and perused the material on record. Learned counsel for the petitioners has contended that three accused persons of this case have already been granted anticipatory bail by he learned Sessions Judge. So far as the petitioners' case is concerned, no allegation has been levelled against them. Neither they have caused any injury to the injured persons nor hampered the functioning of the police officer who were discharging lawful duty. Hence, they may be granted indulgence of anticipatory bail in this case. Learned Public Prosecutor has opposed the bail petition. Having reflected over the submissions made at the bar and scanned the relevant material available on record including the bail order dated 8.12.2008 rendered by the co-ordinate Bench, it is noticed that the petitioners were directed by the court to surrender before the trial court and file fresh application directing the trial court to decide their petitions expeditiously and if possible on the same day. During arguments, the learned counsel for the petitioners has also desired the same order to be passed in these petitions also. It is therefore ordered that all the seven petitioners should appear before the trial court and file fresh application for the release on bail. Learned trial court is directed to consider their bail petition and decide, if possible, on the same day. With these observations, both the petitions stands dispose of. ;