Sedya Vs. State of Rajasthan - Court Judgment

SooperKanoon Citationsooperkanoon.com/763074
SubjectCriminal
CourtRajasthan High Court
Decided OnJul-27-1988
Case NumberS.B. Cr. Misc. Second Bail Application No. 1890 of 1988
JudgePana Chand Jain, J.
Reported in1988WLN(UC)179a
AppellantSedya
RespondentState of Rajasthan
DispositionApplication allowed
Excerpt:
criminal procedure code - section 438--anticipatory bail--two co-accused enlarged on anticipatory bail--held, it is proper to enlarge petitioner also an bail.;bail granted - - 5,000/- (rupees five thousand only) with one surety in the like amount, to his satisfaction, on the following conditions:p.c. jain, j.1. shri dhankar, learned counsel for the accused-petitioner, has placed reliance on 1986 rlw 325 and submitted that since two co-accused have been enlarged on bail under section 438, cr.pc in s.b. cr. misc. bail application no. 1830/1988, the petitioner being similarly placed should be allowed the benefit of bail.2. looking to the facts and circumstances of the case, i think it just and proper to grant anticipatory bail to the petitioner.3. the sho/arresting officer, investigating officer, police station, bandikui (jaipur) in fir no. 78/1988 is, therefore, directed that in the event of arrest of the petitioner, he be released on bail provided he furnishes a personal bond in the sum of rs. 5,000/- (rupees five thousand only) with one surety in the like amount, to his satisfaction, 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; and[3] that the petitioner shall not leave india without the previous permission of the court.
Judgment:

P.C. Jain, J.

1. Shri Dhankar, learned Counsel for the accused-petitioner, has placed reliance on 1986 RLW 325 and submitted that since two co-accused have been enlarged on bail under Section 438, Cr.PC in S.B. Cr. Misc. Bail Application No. 1830/1988, the petitioner being similarly placed should be allowed the benefit of bail.

2. Looking to the facts and circumstances of the case, I think it just and proper to grant anticipatory bail to the petitioner.

3. The SHO/Arresting Officer, Investigating Officer, Police Station, Bandikui (Jaipur) in FIR No. 78/1988 is, therefore, directed that in the event of arrest of the petitioner, he be released on bail provided he furnishes a personal bond in the sum of Rs. 5,000/- (Rupees five thousand only) with one surety in the like amount, to his satisfaction, 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; and

[3] That the petitioner shall not leave India without the previous permission of the Court.