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1 - 7 of 7 (0.33 seconds)Section 114 in The Indian Penal Code, 1860 [Entire Act]
Section 409 in The Indian Penal Code, 1860 [Entire Act]
Section 468 in The Indian Penal Code, 1860 [Entire Act]
Section 471 in The Indian Penal Code, 1860 [Entire Act]
Section 467 in The Indian Penal Code, 1860 [Entire Act]
Ravindra Saxena vs State Of Rajasthan on 15 December, 2009
4. I have heard Mr PM
Thakkar, learned Senior Counsel for the applicants and Mr DC Sejpal,
learned APP for the State at length and in great detail. I have
considered the role attributed to the applicants as reflected in the
FIR, police papers, statement of witnesses and other material which
is produced for my perusal. Since the application preferred by the
applicants is under Section 438 of the Code of Criminal Procedure and
they are seeking anticipatory bail, it would not be proper to discuss
the evidence in detail in the case as the investigation in the matter
is also not over. I have also considered the judgment cited by the
learned Senior Counsel for the applicants in the case of Ravindra
Saxena Vs. State of Rajasthan, reported in (2010) 1 SCC 684 and the
ratio laid down by the Apex Court. However, considering the material
on record of the case and the prima facie involvement of the
applicants in the commission of offence punishable under Sections
409, 467, 468, 471 and 114 of the IPC, I am of the view that the
applicants are not entitled to claim the discretionary relief as
prayed for in the application. Even if the payment is made of the
huge amount of Rs.76,062/-, the applicants cannot wriggle out on the
plea that since the amount in question is already paid, they should
be granted anticipatory bail because it is not in dispute that the
complaint filed is not frivolous, nor is it the case of the
applicants that they are falsely implicated in the commission of
offence punishable under Sections 409, 467, 468, 471 and 114 of the
IPC. Thus, taking into account the totality of the facts and
circumstances of the case and the material on record of the case
which is perused by me, I am of the view that no discretionary relief
be granted to the applicants as prayed for in the application while
exercising the powers under Section 438 of the Code of Criminal
Procedure. The powers under Section 438 of the Code of Criminal
Procedure are of an extraordinary nature and can be exercised in a
very rare and exceptional circumstances.
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