In this criminal miscellaneous bail application for anticipatory bail, the Rajasthan High Court dismissed the plea as having become infructuous. The court held that since the Investigating Officer had already issued a notice under Section 41-A Cr.P.C. directing the petitioner for enquiry, no apprehension of arrest existed.
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 AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 2659/2022
Kamal Kumar S/o Devilal, Aged About 35 Years, R/o Chakk 7, MWM Mainawali, P.S. Hanumangarh Town, Dist. Hanumangarh.
----Petitioner
Versus
State of Rajasthan
----Respondent
For Petitioner(s) : Mr.Pankaj Kumar Gupta, Adv. For Respondent(s) : Mr.Mukesh Trivedi, PP Mr.Vipul Dharnia on behalf of Mr.Dhanesh Saraswat, Adv. (for complainant)
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
15/09/2022
Learned Public Prosecutor submits that the Investigating Officer has issued notice under Section 41-A of Cr.P.C. directing the petitioner to appear before him for enquiry. Therefore, there is no apprehension of arrest.
Accordingly, the present bail application preferred by the petitioner under Section 438 Cr.P.C. is dismissed as having become infructuous.
(MANOJ KUMAR GARG),J
150-NK/-
1 issue framed by the court
Whether the bail application under Section 438 Cr.P.C. warrants allowance when notice under Section 41-A Cr.P.C. has been issued.
2 provisions across 1 enactments
Kamal Kumar
State of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
