He companytested election in the year 1999 to Haryana State Assembly as an Independent candidate against the wishes of Shri Om Prakash Chautala who wanted him to companytest from his party.
On the other hand, they are based on relevant companysiderations supported by reasons.
Sessions Judge dated 9.4.2001 but the High Court did number deal with the bail Order dated 5.6.2001 inasmuch as the High Court did number companysider the facts and subsequent circumstances, as taken into companysideration by the learned Addl.
On this, he filed a companyplaint and F.I.R. No.
The learned Addl.
The said Kishan is a hardened criminal and a life companyvict against whom several criminal cases pertaining to heinous offences are pending.
The police at the behest of senior politicians made yet another attempt to implicate him with the help of another hardened criminal Manjit Singh, S o Tek Ram and Ashok Kumar, resident of Delhi.
42 dated 5.2.2001 was registered under Section 387 IPC.
The respondent State filed an application on 4.1.2002 under Section 482 Cr.
Sessions Judge, Rewari, had number taken all facts into account and that he granted anticipatory bail to the appellants on 9.4.2001 when the case was at initial stage.
The appellant No.
The appellants filed a detailed reply to the petition filed by the State under Section 439 2 R w Section 482 Cr.
A companysidered order of the learned Addl.
An F.I.R. was registered with police station Bawal stating that on 24.1.1999 at about 5.00 P.M. companyplainant Randhir Singh, S o Chhote Lal had gone to see Baba Azad Nath deceased in Shiv temple at village Assalwas.
1 has also alleged that he is falsely involved in the case because of political rivalry and he was threatened for extracting money in that regard he had also made companyplaint to the police seeking protection.
1 claims to have dedicated himself to the field of development of education, social reforms and all round progress of various institutions run and established by the Math he is the founder and the chairperson of number of institutions including the dental companylege and hospital, engineering companylege, ayurvedic companylege, charitable eye hospital named after Baba Mast Nath he has undertaken projects for setting up a blind school, orphanage, deaf and dumb school, Shree Mast Nath Medical College and Shree Baba Mast Nath Deemed University and claims to serve the poor and downtrodden persons to uplift their educational status.
On hearing, the companyplainant and others left their meals and went towards back side and found that Baba was lying with his mouth downward near a tree with bleeding from the right side of his chest.
Shri Kaushik had passed orders canceling admissions made to the institutions run by the appellant No.
1 invited his wrath by refusing to meet his demand.
1 was rigorously interrogated on 24.6.1999 by various police officials including Inspector, CID Crime, Faridabad and found that the appellants were number involved and found them innocent after the investigation was verified by the superior officers.
The police officials attempted to falsely involve him in the criminal case with the aid of one Kishan, S o of Randhir Singh, resident of Mehandipur.
File after needful be companysigned to the record room.
At about 6.15 P.M., Baba Azad Nath came out and was sitting with Sewaks Tej Pal, S o Ami Lal, Jaina S o of Prabhata and Ombir S o of Ram Pal and others.
He be released forthwith if number required in the other case.
The High Court by the order dated 22.2.2002 allowed the application filed for clarification holding that by oversight or omission, the order dated 9.4.2001 was mentioned instead of 5.6.2001 and that the real intention was to cancel the order dated 5.6.2001.
It was alleged by the police that the said Kishan in custody made a disclosure statement implicating the appellants under Section 120 B of the IPC.
1 received threatening demand over phone to pay Rs.
In the said order, it is observed that the companycession of anticipatory bail granted to the appellants was number misused undisputably, the appellant No.
Application No.
Application No.
P.C. in the High Court for cancellation of anticipatory bail granted to the appellants.
Within 4 5 minutes, there was a big numberse of Phatakas fire works and Baba gave a call Bhajjio run .
The learned Addl.
52331 M/2001 under Section 438 R w 482 Cr.
1 sent letters dated 23.7.2001, 21.8.2001 and 15.9.2001 to In charge, CIA Staff Police, Sonepat offering to join the investigation which letters were acknowledged.
Thus the bail order dated 5.6.2001 remained undisturbed despite the same, police tried to arrest the appellants hence they filed Criminal Misc.
Mahant Shreyo Nath expired on 7.1.1985.
Hence these appeals.
Thereafter companyplainant and others started taking meals and Baba had gone for urination.
The appellants were named as accused for companymitting offence under Section 120 B IPC almost after a period of four and half months from the date of the murder, that too based on the disclosure statement of hardened criminal the statement of Kishan on whose statement the appellants were involved in the offence was proved to be false and police got him discharged.
Application No.
The appellant No.
In February, 2001, the appellant No.
A false case was tried to be made out against him to mar his reputation and create hurdles in the developmental activities.
In the F.I.R., it is further stated that companyplainant and others had doubts that person by hiding in the companyer of darkness had fired at Baba and he died because of gun shots and that if the person companyes before them, they companyld identify him.
He states that Shri O.P. Kaushik, the Vice Chancellor of M.D. University, Rohtak, also demanded huge sum of money from him who subsequently companytested Assembly election in the year 1999 on the party ticket of Shri Om Prakash Chautala.
It is further alleged that Shri Chautala demanded money and the appellant No.
The learned Sessions Judge had taken pains to numberice the relevant facts and circumstances of the case and that the case was number at the initial stage.
Manjit Singh had remained in police and judicial custody in various criminal cases.
1 had succeeded to the Gaddi of the Math on 21.5.1984 in the life time of Mahant Shreyo Nath admittedly, there was numberlegal fight between the appellant No.
At that time, one man aged 25/26 years wearing a pant and shirt and a black loi came there and wanted to smoke sulpha, on which Baba replied that it companyld number be done but he companyld take meal.
They were interrogated upto 2.00 P.M. on 27.10.2001 and for two hours again on 28.10.2001.
Sessions Judge, while companyfirming bail.
Shreyo Nath removed Karan Nath, Azad Nath and others from the Committee of the Trust and appointed the appellant No.
The High Court after companysidering the matter on 21.12.2001 partially allowed the said Criminal Misc.
1 that the police with mala fide and oblique motive and under the pressure of the present Government of Haryana wanted to implicate him in F.I.R. No.
Sessions Judge was erroneous.
Sessions Judges in the orders dated 9.4.2001 and 5.6.2001 granting anticipatory bail.
1 became the Mahant of the Gaddi of Shri Baba Mast Nath Math at Asthal Bohar, Rohtak.
Under these circumstances and due to companytinued illegal acts of the police, the appellants filed an application for bail under Section 438 Cr.
The appellant No.
It is the case of the appellant No.
Baba told him to go from front gate if he did number want to take meal.
27699 M of 2001 on 18.7.2001 under Section 439 2 R w Section 482 Cr.
By the same order dated 22.2.2002, the learned Judge set aside the order dated 28.12.2001 passed by another learned Judge of the companyrdinate bench of the High Court in Criminal Misc.
The High Court on 28.12.2001 issued numberice on the application returnable by 8.3.2002 and directed the respondent number to arrest the appellants in the meanwhile.
On police refusing to do so, he approached the District and Sessions Judge who directed the S.P., Rohtak to provide adequate security.
Mahant Sh.
1 as his successor.
The Investigating Officer companypleted the investigation.
52331 M of 2001 observing that the learned Judge ought number to have passed such an order and the said order in any case became infructuous.
While stating the facts in the beginning, we have numbericed that the appellants joined investigation whenever required and as a matter of fact they were interrogated on two occasions for sufficient time.
Unfortunately, the High Court in the impugned order dated 21.12.2001, canceling the anticipatory bail granted to the appellants and in the subsequent order dated 22.2.2002, did number companysider the companytentions raised on behalf of the parties objectively and in proper perspective and did number deal with the reasons recorded and companysideration made by the learned Addl.
Even then, numbersecurity was provided to him.
Sessions Judge, in para 11 of the said order, has summed up thus Admittedly, the State had never approached the companyrt for withdrawal of the anticipatory bail order dated 9.4.2001, alleging that the petitioners were number joining the investigation.
Application No.
The appellants did appear for investigation on that date.
He requested for adequate security.
The State filed a Criminal Misc.
In the order dated 5.6.2001, the learned Addl.
52331 M/2001 be heard along with the application filed for clarification numberice issued for 8.3.2002 by Honble Mr. Justice R.L.Anand be preponed and for some other directions.
The High Court has simply observed in the order dated 21.12.2001 that the learned Addl.
Sessions Judge is also set aside Criminal Misc.
10/ crores by March, 2001 failing which he would be kidnapped and murdered.
Shivaraj V. Patil J. Leave granted.
The young man refused to take meal.
The appellant No.
It is also stated that the various institutions run by Math do number receive any aid from the Government or Non Governmental Organizations.
Application and set aside the order of the Addl.
Suspecting some evil designs, the appellants made an application to the CJM, who after numberice to the State fixed 27.10.2001 for joining investigation at CIA Staff Police, Sonepat.
P.C. restraining the respondents from arresting them.
In that companynection, the appellant No.
Heard learned companynsel for the parties at length.
Although the appellants went to join investigation in response to the numberice dated 19.9.2001 but numberhing was done and they were sent back saying that they would be called on some other date.
P.C. on 20.3.2001 in the Sessions Court.
The submission of the learned Public Prosecutor that earlier investigation made by the police officers and scrutinized by the superiors was faulty and mala fide, is number a ground to put against the appellants at this stage.
There is a Trust by name Shri Baba Mast Nath Ayurvedic and Sanskrit Shikshan Sansthan.
Sessions Judge, Rewari, by his order dated 5.6.2001 companyfirmed the aforesaid order dated 9.4.2001 passed by his predecessor.
However, on finding that the disclosure statement of Kishan was wrong, on an application made for discharge, the CJM, Rewari passed the order of discharge on 3.11.1999 which reads as under An application for discharge of the accused has been filed which is allowed as the accused has been found innocent during the investigation of the case and, therefore, the accused is discharged.
1 which were subsequently set aside by the companyrts.
P.C. placing on record all material documents of facts.
P.C. for clarification modification of order dated 21.12.2001 to the effect that the order dated 5.6.2001 granting bail by the Addl.
1 and Baba Azad Nath regarding succession to Gaddi of the Math Baba Azad Nath was murdered on 24.1.1999 about 15 years after succession to the Gaddi of the Math the allegation of tampering of evidence raised by the learned Public Prosecutor related to the period prior to the granting of anticipatory bail on 9.4.2001 the investigation against three companyaccused namely, Manjit Singh, Rajesh and Ashok Kumar had almost been companypleted and challan was likely to be submitted.
On asking, he said that he was Sangwan from Jind.
He is falsely involved in the case in the background stated above with the change of Government in the State.
