Rajasthan High Court - Jaipur
Rahul Agarwal vs State Of Rajasthan Through Pp on 4 December, 2013
In the High Court of Judicature for Rajasthan at Jaipur Bench Jaipur
Rahul Agarwal
vs
State
S.B. Cr. Misc.Bail Application No. 11470/2013
Date of Order - 4.12.2013
Present
Hon'ble Mrs Justice Nisha Gupta
Mr.Manoj Sharma, for petitioner
Mr.Laxman Meena Public Prosecutor
Transitory bail application u/s 438 Cr.P.C. has been filed on behalf of the petitioner who apprehends his arrest in FIR No.RC0102013A0026 dated 10.10.2013 registered at Police Station CBI/ACB/ Kolkata for the offence u/s 120B IPC and sections 7 and 12 of Prevention of Corruption Act wherein investigation is pending.
Learned counsel for the petitioner has filed the copy of aforesaid FIR and has cited the cases of Neela J. Shaha vs State of Gujrat reported in 1998(2) Crimes 261, Sachindra Mahwar and others vs State of Maharashtra reported in 2001 (1) R.Cr.D 504 (Raj.)and Ashwani Bharti Dhirajlal Bharti and Anr. vs State of Gujrat 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.
Learned Public Prosecutor has also no serious objection to the grant of transitory bail to the petitioner.
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 days from today.
Accordingly,this transitory bail application is allowed and it is directed that in the event of his arrest, accused petitioner Rahul Agarwal shall be released by the concerned SHO 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 SHO/ Investigating Officer. The petitioner may approach the appropriate court in the State of West Bengal within 15 days from today. Life of the order is only upto 20.12.2013 and thereafter it shall stand canceled automatically. During this period, the petitioner will not interfere with the investigation and will not leave the county without prior permission of this court as long as this order remains in force.
(Nisha Gupta),J om142 All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
Om Prakash P