The court converted interim anticipatory bail into absolute bail for the petitioners in an F.I.R. regarding 498-A, 406, and 323 IPC offences, as they had complied with terms and joined the investigation.
Interim anticipatory bail granted vide order dated 03.11.2018 was made absolute.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail No. 14068/2018
----Petitioners
Versus
State Of Rajasthan, Through Pp.
----Respondent
For Petitioner(s) : Dr. Mahesh Sharma For Respondent(s) : Mr. Ram Ratan Gurjar, P.P. For Complainant : Mr. Tarun Jain
HON'BLE MRS. JUSTICE SABINA
Judgment
06/12/2018
Petitioners have filed this petition under Section 438 Code of Criminal Procedure, 1973 seeking anticipatory bail in F.I.R. No. 254/2018 registered at Police Station Kotwali, Distt. Sawaimadhopur for offences under Sections 498-A, 406, 323 of Indian Penal Code, 1860.
On 03.11.2018 following order was passed by this court:-
“List again on 06.12.2018. In the meantime, in the event of arrest, petitioners be released on interim bail subject to the satisfaction of the Arresting Officer. Petitioners shall abide by the conditions envisaged under Section 438 (2) Cr. P.C.”
Learned State counsel, who is assisted by the counsel for the
complainant has opposed the petition, but has submitted that in
pursuance to the above order, petitioners have joined
(2 of 2)
[CRLMB-14068/2018]
investigation.
Keeping in view the facts and circumstances of the case and the fact that the petitioners have joined investigation, interim bail granted to the petitioners by this Court vide order dated 03.11.2018, is made absolute.
Petition stands disposed of accordingly.
(SABINA)J.
Sudha/07
2 issues framed by the court
Whether the interim anticipatory bail granted to petitioners should be made absolute upon their joining investigation.
Whether conditions under Section 438(2) Cr.P.C. were complied with to grant absolute bail.
2 provisions across 1 enactments
Kamlesh S/o Shivdayal
Shivdayal S/o Motilal
State Of Rajasthan
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
