Judicature For Rajasthan High Court · 2011
Case at a glance
Provisions considered
- Code of Criminal Procedure, 1973 s. 438
- Indian Penal Code, 1860 ss. 420, 467, 468, 471
Judgment
HON'BLE MR. JUSTICE M.N. BHANDARI Mr.S.S.Hasan, for the petitioner. Mr.N.R.Saran, PP. By the Court: Heard learned counsel for the petitioner as well as the learned Public Prosecutor and perused the record of the case. It is stated that while granting bail to the co- accused, it was noticed that required bank guarantee would be furnished by those co-accused. The order was passed by this Court accordingly. So far as the present petitioner is concerned, he may be given benefit of anticipatory bail looking to the fact that bank guarantee of the required amount would be furnished by the co-accused. Learned Public Prosecutor, on the other hand, has opposed this bail application. Taking into consideration all the facts and circumstances of the case and without expressing any opinion on merits and demerits of the case, I allow this bail application under Section 438 Cr.P.C. 2 Therefore, the SHO/I.O. of the Police Station Kothwatli, Baran is directed that in the event of arrest of the petitioner Ashok Jain s/o late Shri Magan Lal Jain in FIR No.172/2011 registered for offence under Section 420, 468, 467 & 471 of IPC, he shall enlarge him on bail provided he furnishes a personal bond in the sum of Rs.40,000/- with one surety in the like amount to his satisfaction on the following conditions:- (i) He shall make himself available for interrogation by Investigating Officer as and when required; (ii) He 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 to any Police Officer; (iii) He shall not leave India without the previous permission of the Court. (iv) He will not commit any offence during the period of bail. This bail order shall come into effect only on furnishing bank guarantee by the co-accused as submitted by his counsel. Preety, Jr.P.A. (M.N. BHANDARI),J.
Questions this judgment answers
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 438; Indian Penal Code, 1860 — ss. 420, 467, 468, 471.
Which court decided this case, and when?
Rajasthan High Court, on 30 May 2011. The bench was M N BHANDARI.
Precedent status how later indexed judgments have treated this case
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