Short Note : 1. They are heard on the question of grant of anticipatory bail. Held: Shri Pendharkar, learned panel lawyer for the State prays for time on the ground that inspite of requisition for police case diary by the Government Advocate's office, the same has not been sent by the police concerned up to this date. Inspite of order dated 2-6-78 and 6-6-78 the police has not cared to send the case diary, therefore, adjournment on the aforesaid ground is refused. 2. In view of this fact, I deem it propel to admit the applicant to bail. In addition to this ground; I am constrained to observe that the order passed rejecting the bail application by the learned Sessions Judge does not disclose any application of mind. The order appears to be arbitrary and vague. What the grounds on which the earlier application was rejected and what are the grounds which compelled the applicant to submit the second application have not been stated therein. Before me it is stated by the learned counsel Shri S.C. Dubey that on earlier occasion when the application for bail was moved the medical certificate of the victim of the offence was not available it was after the rejection thereof, the nature of the injuries was disclosed. This is a ground which lift bar on the jurisdiction of the Court to entertain the second application for bail. The words ‘Aparadh Ki Gambhirata’ are again beautifully vague. The provisions of S. 437 Cr.P.C. read with S.439 Cr.P.C. show the ground on which bail can be refused is existence of reasonable ground for believing that the applicant is guilty of commission of offence punishable with death or imprisonment for life. Existence of such ground has not been stated in the order by the learned Sessions Judge. In view of the aforesaid discussion, I direct that in the event of arrest the applicant shall be released on bail provided he furnishes a solvent security to the satisfaction of Chief Judicial Magistrate, Vidhisa for a sum of Rs.
Existence of such ground has not been stated in the order by the learned Sessions Judge. In view of the aforesaid discussion, I direct that in the event of arrest the applicant shall be released on bail provided he furnishes a solvent security to the satisfaction of Chief Judicial Magistrate, Vidhisa for a sum of Rs. 3,000- each and enters into a personal bond in the like amount provided further the security bond and the personal bond inter alia incorporate the following two conditions : (1) That the applicant shall make himself available for interrogation by a police office as and when required; (2) That the applicant shall not directly or indirectly make any inducement, thereat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact the Court or to any police officer. Bail granted.