Judgment S.S.Nijjar, J. 1. This case has a chequred history. Basically the allegation is that the petitioners had killed Kulwinder Singh alias Kid in a false encounter. Earlier a FIR was lodged but the names of the petitioners were not mentioned therein. The incident relates to the year 1989. Subsequently, a statement had been made by a retired officer of the C.R.P.F. On the basis of that statement, the petitioners had been summoned to appear in the Court. The matter was first investigated by the Police. Subsequently, a writ petition was filed in this Court and the investigation was entrusted to the CBI. CBI has now presented complete documents. Mr. Gupta has stated that in fact the chargesheet has also been filed. In such circumstances, it would not be proper for this Court to entertain the application for anticipatory bail. However, the Court cannot lose sight of the fact that petitioner No.1 has retired and the other petitioners are still in service. From their previous conduct, it prima facie appears that they are not likely to abscond. They had been regularly appearing in the Court and also before the Investigating Officer. Whether or not they will be able to influence the witnesses or tamper with the evidence will have to be seen on its merits by the trial Court. 2. In view of the above, the arrest of the petitioners is stayed for a period of 15 days. The petitioners are directed to make an application for bail before the Special Court. The Special Court shall also decide the application before the expiry of the period of 15 days as in the event the petitioners are taken in custody for more than 24 hours, they would be deemed to have been suspended from service. 3. The application for anticipatory bail is disposed of with the aforesaid observations. It is also made clear that whatever observations are made in the earlier part of the order on the facts of the case, are prima facie observations. The Special Court shall decide the application for bail of the petitioners independently of the above observations.