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TMI Blog2017 (12) TMI 1786X X X X Extracts X X X X X X X X Extracts X X X X ..... t find any fault with the action of the private respondents. Coming to the merits of the case, on going through the FIR registered by the Police Station, Bhondsi dated 08.09.2017 which admittedly has been re-registered by the CBI, we find that no allegation has been made against the private respondents herein - thus, as on date, the CBI is yet to examine and analyse the role of the private respondents in this case and there is no evidence of their complicity in the crime and there is not even a pointer of involvement of respondents herein in the alleged crime. Their involvement cannot be established until and unless, there is some substantial evidence against them. Without expressing anything on the merits of the case as the investigation is still under progress and the CBI is yet to come to a conclusion regarding the involvement of the private respondents in the crime, the private respondents herein have made out a case for grant of protection by way of interim bail till the presentation of Challan by the CBI as has been passed by learned single Judge. Therefore, the order passed by learned single Judge granting interim bail to the answering respondents till the presentation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e FIR already registered by the police authorities as case bearing No. RC8(S)/2017/SC-III/New Delhi on 22.09.2017 itself which is a reproduction of the FIR recorded by the police authorities at Police Station Bhondsi, Gurugram. (c) The private respondents, viz., Mr. Ryan Pinto, Dr. Augustine Francis Pinto and Mrs. Grace Pinto approached the Bombay High Court by filing Anticipatory Bail Application being Nos. 1599 and 1608 of 2017 for grant of transit/ anticipatory bail. Learned single Judge of the High Court of Judicature at Bombay, vide order dated 12.09.2017 in Anticipatory Bail Application No. 1599 of 2017 granted interim stay from arrest of these persons and the matter was posted for 13.09.2017. On coming to know about the filing of the above anticipatory bail applications, the appellant herein approached the High Court of Bombay by filing the intervention application opposing the transit bail. Learned single Judge of the High Court, vide order dated 14.09.2017, rejected the anticipatory bail applications being Nos. 1599 and 1608 of 2017. However, the interim relief granted by the High Court vide order dated 12.09.2017 was extended till 5:00 p.m. of 15.09.2017 subject to ce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he theory of possibilities and trying to analyse certain facts and evidence collected so far in the matter. The petitioner are admittedly resident of Mumbai. The question before the investigation agency is as to whether the provisions of Section 75 of the JJ Act or 12 of POCSO Act are attracted against the petitioner; whether the child was in direct and actual control of petitioners; or they have any other role in this case. Keeping in view the facts discussed above, I find it appropriate to give time to the investigation agency to analyse the evidence before it, look into the role of petitioners in this case and apprise this Court with further progress in the investigation and evidence against petitioners co9llected during investigation. On behalf of Ryan Augustine Pinto, it has been argued that he has no concern with the Trust running Ryan Schools but a magazine of the Ryan International School, Bhondsi, Gurugram shows that it has a message with his photograph, when he is mentioned as CEO of Ryan International Group. By joining the investigation, petitioner Ryan Augustine Pinto will be in a position to place required material before the CBI regarding allegations aga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hing the High Court when on 15.09.2017, the Resolution passed by the District Bar Associations Gurugram and Sohna dated 09.09.2017 to the effect that no lawyer will represent the accused in the instant matter, stood withdrawn. He further submitted that the private respondents have committed heinous offence as would be clear from the averments made by the CBI in the reply affidavit filed by it before the High Court. A special reference was made to the following averments:- The interrogation of the petitioner is very much essential in the interest of investigation of the case and also to unearth the larger conspiracy behind the murder of a seven years old boy in his school. Any relief at this stage in the form of anticipatory bail may hamper the course of investigation of the case as there is every possibility that he will misuse the liberty granted by this Hon ble Court. 4(1) That the petitioners is not entitled to relief (s) as prayed for. The petition is misconceived apart from being meritless and hence deserves to be dismissed 4(J)-(P) .Prima facie it seems that the careless attitude of the Management has aided to the murder of Master Pradhyuman in the washroom of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... njab Haryana High Court on 17.09.2017. The fact relating to the withdrawal of the Resolution passed by the District Bar Associations, Gurugram and Sohna cannot be said to be in the knowledge of the private respondents. Moreover, this plea had been dealt with by learned single Judge in the order dated 07.10.2017 and had been negated. 9) Further, we cannot lose sight of the fact that this incident had received wide coverage in the media, both electronic and print. In fact, it can be said that there was a trial by media, therefore, when the private respondents have directly approached the High Court for grant of anticipatory/interim bail under Section 438 of the Code, that too when the High Court has concurrent jurisdiction, we cannot find any fault with the action of the private respondents. 10) Coming to the merits of the case, on going through the FIR registered by the Police Station, Bhondsi dated 08.09.2017 which admittedly has been re-registered by the CBI, we find that no allegation has been made against the private respondents herein. Learned single Judge of the High Court, after considering the material and evidence on record as also the material produced by the CBI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation against the petitioners is at the same stage as it was on the date of passing of order dated 07.10.2017. It is a case where a seven years old student of the school was brutally murdered in the school. It is not only an unfortunate incident but also a gruesome and heinous crime and the State Government thought it appropriate to hand over the investigation of the case to CBI, a premier investigating agency of the country. As admitted by learned counsel representing CBI, petitioners have not ever been called for joining the investigation and CBI has arrested a student of the school as main accused for murder of Pradyumn and is concentrating on his role in committing the crime. It has not come on record that this crime with committed by the conductor (Ashok), who was arrested by the police on the day of occurrence or the student arrested by the CBI in this case, in conspiracy with the petitioners or he had ever any contact with them. Petitioners Dr. Augustine Francis Pinto and Mrs. Grace Pinto (in CRM-M-35003-2017) are trustees of Saint Xavier s Education Trust, which is running several school in the country. The status of petitioner Ryan Augustine Pinto (in CM-M-35002-2017) with ..... 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