Shiv Kumar vs State on 16 July, 2009

                                  1

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
                 AT JODHPUR


S.B. Criminal Misc. Bail Application NO.2275/09
        Shiv Kumar   Vs. State of Rajasthan

       Date of order         ::             16th July, 2009


      HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN


Mr.Rajesh Panwar, for the petitioner.
Mr.Anil Joshi,P.P.


       Heard learned counsel for the petitioner

as     well     as     learned     Public       Prosecutor      and

perused the material/case diary made available

to me during the arguments of the case.

       It     is     contended         on    behalf       of   the

petitioner that as per direction of this court

the         petitioner           appeared          before      the

Investigating Officer for his interrogation and

he     has      been     interrogated           fully     by    the

Investigating           Officer        therefore,       now    his

presence is not required and even if as and

when        his presence will be required then he

will        make       himself        present       before      the

Investigating Officer.                It is further contended

that the petitioner is an advocate and there is

no specific allegations against him, his role

during investigation is                such a kind of nature

that        cannot     connect        him   with    the      crime.

Therefore, petitioner may be granted benefit of
                                        2

Section 438 Cr.P.C.                Learned Public Prosecutor

admits        that          the        petitioner              has        been

interrogated by the Investigating Officer as

per direction of this court.

      Taking      into      consideration            all       the        facts

and     circumstances             of       the    case    and        without

expressing any opinion on merits and demerits

of    the    case,      I    allow         this    bail    application

under Section 438 Cr.P.C.

      Therefore, the S.H.O./I.O. Of the Police

Station Hathi Pol, Udaipur is directed that in

the    event      of    arrest         of    the    petitioner             Shiv

Kumar       S/o    Dr.Badri            Lal       Upadhayay           in    FIR

No.60/09,              registered                 under          sections

420,467,468,470 and 471 IPC he shall enlarge

him on bail provided he furnishes a personal

bond in the sum of Rs.25,000/-(Rupees Twenty

Five Thousand only) with one surety of the like

amount      to    his    satisfaction on                 the    following

conditions:-



      (1)He shall make himself available for
        interrogation by Investigating Officer as
        and when required;

      (2)He shall not directly or indirectly make
        any inducement, threat or promise to any
        person acquainted with the facts of the
        case so as to dissuade him from disclosing
        such facts to the court or to any police
        officer;
                        3

      (3)He shall not leave India without   the
        previous permission of the Court.

                    (NARENDRA KUMAR JAIN), J.

ns.