KIRAN DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Special leave granted. Heard counsel for the parties.

(2.) We are of the opinion that anticipatory bail should not have been granted in the murder case when the investigation was still incomplete. The proper course to adopt was to leave it to the trial court to do the needful if and when the person concerned was arrested in the light of the record available at that point of time. The order passed by the High court is, therefore, set aside. It will be open to respondent 2 if and when he is arrested to apply for bail to the appropriate court which will decide the matter on the basis of the available records in accordance with law. We have set aside the order under appeal on principle and we are not making any observation one way or the other on the merits of the case.

(3.) The appeal is disposed of accordingly.