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2017 DIGILAW 183 (RAJ)

Hemant Nainani Son of Shri Ishwar Das Tahil v. State of Rajasthan Through P. P.

2017-01-16

SABINA

body2017
ORDER : 1. Petitioner has filed this petition under Section 438 Code of Criminal Procedure, 1973 seeking anticipatory bail in FIR No. 67/2016 registered at Police Station Mahila Thana, Jaipur South (Raj.), for offences u/S. 498-A, 406, 495, 323, 342, 420 and 120-B Indian Penal Code, 1860. 2. On 16.12.2016 following order was passed by Co-ordinate Bench of this Court :- “Considering nature of dispute, it is deemed appropriate to refer the matter to Mediation Center to explore possibility of amicably settlement between the parties. Let this case be referred to Mediation Center. Parties are directed to appear before the Mediation Center at 11.00 AM on 9.1.2017. Learned counsel for the parties may inform their respective clients about time, date and place. Mediation Center may also send a communication to them in this respect. Matter be listed before this Court alongwith report from the Mediation Center on 16.1.2017. Till then, the petitioner shall not be arrested in respect of FIR No.67/2016 registered at Police Station Mahila Thana, Jaipur (South)”. 3. Learned State Counsel has submitted that the petitioner has joined investigation. 4. Although, the case was sent to the Mediation and Conciliation Center but no reconciliation could be effected between the parties. 5. Since, the petitioner has joined investigation and without expressing any opinion on merits of the case, this petition is allowed. In the event of arrest, petitioner be released on bail subject to satisfaction of the Arresting Officer. Petitioner shall join investigation as and when required by the police and shall not leave the country without prior permission of the Court. Petitioner shall not tamper with the prosecution evidence.