The Hon'ble Court converted the interim bail granted on 19.4.2017 into absolute bail for the petitioner in an application for anticipatory bail under Section 438 Cr.P.C., noting that investigation was complete.
The interim bail granted vide order dated 19.4.2017 was made absolute.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR
ORDER
S.B. CRIMINAL MISC. BAIL APPLICATION NO.5116/2017
Naresh Jain Son of Shri V.C. Jain, by Caste Jain,, Aged About 48 Years, R/o 3, Blackers Road, Vijay Complex, Anna Salai, Chennai.
V/s.
State of Rajasthan through P.P.
Date of Order: May 3, 2017
HON'BLE MRS. JUSTICE SABINA
Mr. Anurag Kalavatiya, for the petitioner. Mr. R.R. Baisla, P.P. for the State.
Mr. Dinesh Yadav, for the complainant.
Petitioner has filed this petition under Section 438 Code of Criminal Procedure, 1973 seeking anticipatory bail in FIR No.262/2016 registered at Police Station Shastri Nagar, Jaipur (North), for offences u/S. 420, 406 Indian Penal Code 1860.
Heard.
On 19.4.2017 following order was passed:-
“Learned counsel for the petitioner has submitted that as per the complainant, petitioner had borrowed Rupees fifteen lacs from him in the year 2013. Cheque issued by the petitioner in favour of the complainant in January 2014 was dishonoured. However, complainant did not take recourse to law by filing a complainant under Section 138 Negotiable Instruments Act, 1881. However, FIR has been lodged in August, 2016.
List again on 3.5.2017. In the meantime,
in the event of arrest, petitioner be released on interim bail subject to the satisfaction of the Arresting Officer. Petitioner shall abide by the conditions envisaged under Section 438(2) Cr.P.C.”
Learned State Counsel has submitted that the petitioner has joined investigation and is not required for further investigation.
Accordingly, without expressing any opinion on the merits of the case, the interim bail granted to the petitioner by this Court vide order dated 19.4.2017 is made absolute.
Petition stands disposed of accordingly.
(SABINA),J.
Tanwar/P.A. Item No.8
1 issue framed by the court
Whether to convert anterim bail into absolute bail under Section 438 Cr.P.C.
Naresh Jain
State of Rajasthan
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
