Rajasthan High Court - Jodhpur
Balwant Singh vs State on 18 December, 2012
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B.CRIMINAL MISC. PETITION NO.2350/2012
Balwant Singh
Vs.
State of Rajasthan
Date of Order :: 18.12.2012
HON'BLE MS.JUSTICE NIRMALJIT KAUR
Mr.Mridul Jain, for the petitioner.
Mr.A.R.Nikub, PP for the State.
<><><><> The present criminal misc. petition has been filed under Section 482 of Cr.P.C. for seeking a direction to extend the anticipatory bail granted to the petitioner vide order dated 17.12.2009 till as such time his regular bail application is decided by the trial court on surrender before it by the petitioner.
The petitioner was granted anticipatory bail in S.B. Criminal Bail Application No.6605/2009 vide order dated 17.12.2009 with a direction that the petitioner shall surrender before the trial court on the date of filing of the challan and move a regular bail. It is stated that challan is likely to be filed within 15 days as the Investigating Agency has given a notice to the petitioner in this regard. The petitioner apprehends that he shall be arrested and sent to the judicial custody as and when he appears before the trial court. It is, therefore, stated that he may be granted 15 days time to 2 move regular bail application and till then, he may not be kept in judicial custody since he is a government servant. Reliance is placed on the judgment of this Court in the case of Gatubai W/o Mithu Lal (Smt.) Vs. State of Rajasthan, reported in 1999(1) RCD 59 (Raj.) as well as on the judgment rendered by Hon'ble the Apex Court in the case of K.L.Verma Vs. State & Anr., reported in (1998) 9 SCC 348 as also on the another judgment rendered by this Court in S.B.Criminal Misc. Petition No.2327/2012, decided on 1.11.2012, titled as "Balwant Singh S/o Punam Singh Vs. State of Rajasthan".
This Court while relying on the judgment in the case of Gatubai W/o Mithu Lal (supra) and K.L.Verma (supra), passed the following order in the case of Balwant Singh (supra):
"5. This Court in the case of Gatubai (supra) has held as under:
"7. Looking to the facts of the instant case, I deem it proper to modify the order suitably.
8. Consequently, the petitions are allowed. The orders passed by the learned Additional Sessions Judge are modified. It is directed that the anticipatory bail granted to the petitioners will enure till the regular court decides the question of grant of bail and for a week thereafter so that if the regular court refuses bail, the accused persons may, if so advised, move the higher court."
6. The Hon'ble Apex Court in the case of K.L.Verma (supra) has held as under:-
"4. In the above view we think it appropriate to direct that till the High Court decides the question of sanction under Section 197 of the Code the further proceedings in the trial court shall stand stayed. The High Court should dispose of the application as early as possible on or soon after the returnable date i.e. 1.11.1996. As far as the order of 9.10.1996 is concerned, since it proceeds on a misreading 3 of Salauddin case we modify the order by directing that the anticipatory bail will enure till the regular court decides the question of grant of bail and for a week thereafter so that if the regular court refuses bail, the accused persons can, if so advised, move the higher court."
7. Having heard learned counsel for the petitioner and learned Public Prosecutor and having gone through the case-laws cited at the bar, this Court is of the opinion that the prayer of the petitioner seems to be justified in the facts and circumstances of the case. The learned trial court is directed to grant fifteen days time to petitioner upon his surrender to move regular bail in accordance with law"
In view of the settled proposition of law, this Court is of the opinion that the prayer of the petitioner is justified. Accordingly, the trial court is directed to grant 15 days time to the petitioner from the date of filing of the challan to surrender before the trial court and move regular bail in accordance with law.
The criminal misc. petition is disposed of as above.
(NIRMALJIT KAUR), J.
NK