JUDGMENT 1. Heard learned counsel for the parties. 2. The F.I.R. under section 409 and 468 IPC was lodged against the accused petitioner on 25.4.82, regarding embezzlement of Rs. 87,000/- which is said to have taken-place in the year 1981-82, Earlier than this an enquiry was held by the Asstt. Registrar, Co-operative Society, who found petitioners guilty vide his order dated 29.6.1982. An appeal was filed against the same and vide order dated 13.7.84, the order dated 29.6.82 was set-aside and it was ordered that fresh enquiry be held. Thereafter no fresh enquiry is said to have been held but above F.I.R. was lodged on 14.5.82, which is pending since then and investigation is yet incomplete, 3. Learned P.P. gives out that the matter has now been handed over to CID (CB) for investigation. learned counsel for the petitioner has drawn my attention to the matter of Ramesh Chandra v. The State of Rajasthan (Cr. L.R. (Raj). 1977 P. 280.) This was a case in which a complaint was tiled in the court of learned Addl. Munsiff and Judi. Magistrate, No. 4, Jaipur City, Jaipur under section 406, 420, 467, 471 and 120-B IPC. and u/s 156 (3) Cr. P.C., the complaint was sent to Police Station, Kotwali, Jaipur, but the investigation was subsequently handed over to CID (CD) Branch. It was held by this court that when the investigation is pending for 3 years and police has not been able to complete the investigation, the accused deserves to be given benefit of bail under the provision of S. 438 Cr. P.C. 4. In this case, the investigation has been pending for more than 4 years and I am not concerned with the merits of the case at this stage. There is no allegation against the accused petitioner for tampering with the evidence and he is not absconding. In these circumstances, I deem it proper to enlarge him on anticipatory bail. 5. The S.H.O./I.O/Arresting Authority, P.S. Bonli, Distt. Sawai Madhopur, is therefore, directed that in the event of arrest of the accused petitioner Rameshwar son of Shri Hazarilal, in F.I.R. No, 36/82, he be released on bail, provided he furnishes a personal bond in the sum of Rs. 20,000/- with two sureties in the sum of Rs. 10,000/- each to his satisfaction subject to the following conditions: 1.
Sawai Madhopur, is therefore, directed that in the event of arrest of the accused petitioner Rameshwar son of Shri Hazarilal, in F.I.R. No, 36/82, he be released on bail, provided he furnishes a personal bond in the sum of Rs. 20,000/- with two sureties in the sum of Rs. 10,000/- each to his satisfaction subject to 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 by 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; and 3. that the petitioner shall not leave India, without previous permission of the court. Bail granted. *******