Ramavtar Sharma Vs. State of Rajasthan

criminal procedure code, 1973 - section 438--anticipatory bail--offence alleged under sections 167, 218, 420, 423, 466, 467, 468 and 474, ipc--bail already declined by sessions judge--hence bail application--held, since the person sarpanch who issued the patta to the main accused is already on bail, it is just and proper to enlarge the present accused on bail--bail granted.;bail application allowed - labour & servicesappointment: [shiv kumar sharma, ashok parihar & k.s. rathore, jj] merit list rajasthan secondary education act (42 of 1957), section 28 & rajasthan board of secondary education rules, rule 20 - held, improved marks obtained by candidate after re-appearing in examination can be considered for drawing the merit list of candidate for appointment to post of teacher. circular issued by the director of primary & secondary education ousting such candidate from consideration in merit list is illegal and without jurisdiction.a.c. goyal, j.1. heard learned counsel for the petitioner, learned public prosecutor and perused the case diary. it was argued that govind ram who as sarpanch is said to have issued patta in question is on anticipatory bail by this court and the allegation against the present accused petitioner is that he got this patta. learned public prosecutor opposed it and contested that he is the main accused. i have considered the submission. keeping in view the fact that govind ram has been enlarged on bail by his court. it would not be proper to deny the bail to the present accused petitioner.2. taking into consideration the entire facts and circumstances of the case, it is just and proper to grant bail to the petitioner under section 438, crpc.3. therefore, the sho of police station sanganer sadar is directed that in the event of arrest of petitioner ramawtar sharma s/o madan lal in fir no. 206/2001 of aforesaid police station be released on bail provided he furnishes a personal bond in the sum of rs. 20,000/- (rs. twenty thousand) with one sound surety of rs. 20,000/- to the satisfaction of concerned sho on the following conditions:1. that the petitioner shall make himself available for interrogation by a police officer as and when required:2. that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer; and3. that the petitioner shall not leave india without previous permission of the court.