Full Judgment
22. 06/2012. PRESENT HON'BLE MR. JUSTICE SANGEET LODHA, V.J.
Mr. T.R.S. Sodha, for the applicant. Mr. K.R. Bishnoi, PP for the State. Mr. M.S. Sheikh, for the complainant. -- 1. Heard the learned counsel for the applicant and the learned Public Prosecutor.
2. An FIR (96/2012) has been registered inter-alia against the applicant herein for commission of offences under Sections 420, 406 of IPC at Police Station- Bhilwara Sadar, District Bhilwara.
3. Having regard to the nature of accusation, the gravity of the offence, material on record in support thereof and taking into consideration the totality of the facts and circumstances of the present case, without expressing any opinion on the merits of the case, I am not inclined to extend protection under Section 438 Cr.P.C. to the applicant. Accordingly, the application preferred by the applicant under Section 438 Cr.P.C. is hereby rejected.
4. However, the learned counsel for the applicant submits that the applicant is ready to surrender before the concerned court, which may consider his bail application on the same day. 2 o”
5. Taking into consideration the facts and circumstances of the present case, in the interest of justice, it is directed that if the applicant-Chunni Lal, surrenders before the concerned court on or before 03.07.2012, the court concerned shall consider his bail application, preferably on the same day in accordance with law. (SANGEET LODHA), V.J.
DJ/- S-72