I.S.ISRANI, J. - (1.) BOTH the applications arise out of the same incident, they are, therefore, disposed of by one order.
(2.) THE incident is said to have taken place on 24 -8 -1988 at Mudhera, in which two persons Sompal and Vijai Singh lost their lists. FIR was lodged against 14 persons. Six persons have been already released on bail and six persons are in judicial custody. For the remaining two persons viz. Om Prakash and Durga Prasad, an application under Section 438, Cr.P.C. has been filed, which is presently under consideration. It is given out by Shri Balwada learned Counsel for Mahendra and others, in bail application No. 1164/1989 that Pratap and Chet Ram are the main accused persons and authors of the fatal injuries so far as deceased Vijai Singh is concerned. Chet RAM has been released on bail under the provisions of Section 167(2), Cr.P.C. Accused Babu, who has also been released on bail under Section 167(2) Cr.P.C. is said to be author of the fatal injury so for as Sompal is concerned. It is given out by learned Counsel that petitioner Mahendra Singh is student and 19 years old. He was armed with Lathi. Petitioner Moongilal is an old man of 70 years old and was armed with Lathi. Petitioner Chiman is said to be 75 years of age and armed with Lathi. Petitioner Samandar Singh is 17 years student and was armed with Farsi. It is given out that none of the persons are alleged to have caused any fatal injury to the deceased persons. It is, therefore, urged that looking to the tender age two persons and old age of other two accused persons and no specific role has been assigned to they, they deserve to be released on bail. It is contended by Shri P.K. Sharma, learned Counsel in Application No. 1838/89 that the investigation in the matter has taken thrice, twice by local Police and in the third and final time by the C.I.D. It is further submitted that the C.I.D. filed final report so far as petitioners Omi alias Om Prakash and Durga Prassad are concerned. How ever, the Judicial Magistrate took cognizance against both the petitioners on 6 -2 -1989 and non -bailable warrants have been issued against both the petitioners. It is also given out that statements of both the petitioners have been recorded under Section 161, Cr.P.C. by the CID. It is further given out that the petitioners were not present at the time of incident as evident from 'Rawana Sheets' from the quarries at Khera. It is also submitted that both the petitioners are students and appearing in their examinations in the month of July. It is contended by learned Public Prosecutor that even though the four petitioners in application No. 1164/89 are not directly involved in causing fatal injuries to the deceased persons but still they were the members of the parties which caused injuries on account of which death took place. Therefore it is submitted by him that none of the accused persons deserve any leniency so far as grant of bail is concerned. Regarding two petitioners in Application No. 1838/1989, it is submitted by Shri Srimal that since the Judicial Magistrate has taken cognizance, they can appear before the Judicial Magistrate.
(3.) I have carefully considered the arguments advanced by both the parties and also gone through the documents, medical report and statements read out in Court.;