Rajasthan High Court - Jaipur
Goverdhan Singh S/O Shri Bharat Singh vs State Of Rajasthan on 16 November, 2022
Author: Mahendar Kumar Goyal
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 16527/2022
Goverdhan Singh S/o Shri Bharat Singh, Aged About 43 Years,
R/o Near Narsingh Sagar Talab, Sarvodya Basti,p.s. Naya Sahar,
District Bikaner, At Present R/o 1171 Rangoli Garden P.s. Karni
Vihar, District Jaipur, At Present Office At D-3, B-1, B-2,
Navlakha Apartment, Bharatmata Path, C-Scheme, P.s.
Vidhayakpuri, Jaipur.
----Accused/Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Ravindra Singh Shekhawat with Mr. Ajit Singh For Respondent(s) : Mr. R.P. Singh, AAG with Mr. Jaivardhan Singh Shekahwat Mr. G.S. Rathore, GA-cum-AAG Dr. V.B. Sharma, AAG Mr. Riyasat Ali, PP HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 16/11/2022 This application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with F.I.R. No.238/2022 Police Station Vidhayak Puri, District Jaipur City (South) for the offences under Section 292 IPC and Section 15 of POSCO Act, 2012, 2019 and later on for the offence under Section 292 IPC and Section 15 of POSCO Act, 2012, 2019 and Section 2 (B) of IT Act.
Mr. R.P. Singh, learned Additional Advocate General assisted by Mr. Jaivardhan Singh Shekhawat, learned counsel raised a preliminary objection as to maintainability of petitioner's pre- arrest bail application under Section 438 CrPC. Relying upon a co- ordinate Bench judgement of this Court dated 25.10.2021 passed in S.B. Criminal Miscellaneous Bail Application (Downloaded on 16/11/2022 at 09:40:50 PM) (2 of 2) [CRLMB-16527/2022] No.9155/2019: Sunil Kallani Vs. State Of Rajasthan, he submits that where accused is under custody in relation to another criminal case, an application for anticipatory bail is not maintainable. He, therefore, prays for rejection of the bail application.
Per contra, learned counsel for the petitioner, relying upon a judgement of the Hon'ble Bombay High Court dated 14.12.2021 in case of Alnesh Akil Somji Vs. State of Maharashtra:
Anticipatory Bail Application No.2857/2021, would submit that it is maintainable if he is not arrested for the same offence.
Heard. Considered.
While dealing with the specific issue as to whether an anticipatory bail application would be maintainable by an accused who is already arrested and is in judicial custody in relation to another FIR registered against him, a co-ordinate Bench of this Court has, in case of Sunil Kallani (supra), held as under:-
"26. In view of above discussion, this Court holds that the anticipatory bail would not lie and would not be maintainable if a person is already arrested and is in custody of police or judicial custody in relation to another criminal case which may be for similar offence or for different offences."
In view of judgement of this Court in case of Sunil Kallani (supra), the judgement of the Hon'ble Bombay High Court in case of Alnesh Akil Somji (supra) is of no help to the petitioner.
Accordingly, this bail application is dismissed as not maintainable.
(MAHENDAR KUMAR GOYAL),J PRAGATI/20 (Downloaded on 16/11/2022 at 09:40:50 PM) Powered by TCPDF (www.tcpdf.org)