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2002 DIGILAW 1391 (RAJ)

Banwari Lal v. State of Rajasthan

2002-08-07

HARBANS LAL

body2002
JUDGMENT 1. - This transitory bail application under Section 438 Cr.PC. has been filed on behalf of petitioner Banwari Lal, who apprehends his arrest in F.I.R. No. 1/2002 P.S. Rakhiyal Station Near Dehgam, District Gandhi Nagar (Gujarat) wherein investigation for the offence under Section 409 I.P.C. is pending. 2. Learned counsel for the petitioner has filed a copy of aforesaid F.I.R. and has cited the cases of Neela J. Shaha v. State of Gujarat, reported in 1998(2) Crimes 261 , Sachindra Mahawar and others v. State of Madhya Pradesh and another, reported in 2000(3) Crimes 438 , Chandan Mal J. Jain v. State of Maharashtra, reported in 2001 (1) R.Cr.D. 504 (Raj.) and Ashwini Bharti Dhirajlal Bharti and anr. v. State of Gujarat, in Criminal Misc. Application No. 187/2002 . Interpreting the sacrosanct principle enshrined under the maxim "Audi alteram partem" and considering the value of liberty and pernicious effect its deprivation has on the life of an individual, in all these cases, it has consistently been held that the transitory bail can be granted to an accused who reasonably apprehends his arrest and who resides within the jurisdiction of the court and the case against him is pending investigation in jurisdiction of another High Court to provide him immediate relief so as to enable him to approach the concerned court having jurisdiction for his release on anticipatory bail, however keeping in view the facts and circumstances of the case against him. He has, therefore, prayed for grant of transitory bail to the petitioner for a period of four weeks. 3. Learned PP has also no serious objection to the grant of transitory bail to the petitioner. 4. Having considered the submissions made at the bar and keeping in view the principles of law laid down in the cited authorities and looking to the nature of allegations against the petitioner, it appears to be a fit case for grant of transitory bail to the petitioner for a period of fifteen (15) days from today. 5. Accordingly, this transitory bail application is allowed and it is directed that in the event of his arrest, accused-petitioner Banwari Lal shall be released by the concerned S.H.O. on bail for a period of 15 days from today provided he furnishes a personal bond in the sum of Rs. 20,000/- with one surety in the like amount to the satisfaction of the concerned S.H.O./Investigating Officer. 20,000/- with one surety in the like amount to the satisfaction of the concerned S.H.O./Investigating Officer. The petitioner may approach the appropriate Court in the State of Gujarat within 15 days from today. Life of the order is only upto 22.8.2002 and thereafter it shall stand cancelled automatically. During this period, the petitioner will not interfere with the investigation and will not leave the country without prior permission of this Court as long as this order remains in force.Transitory Bail Granted for 15 Days. *******