LAWS(UTN)-2020-10-8

SUSHILA DEVI Vs. STATE OF UTTARAKHAND

Decided On October 01, 2020
SUSHILA DEVI Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) Applicant Smt. Sushila Devi filed an application for anticipatory bail in FIR No. 72 of 2018, under Section 420 IPC, Police Station Ranipokhri, District Dehradun. The application was filed on 12th October, 2018. The matter was listed on various occasions. On 15th November, 2018, the Court ordered that notice be issued to the respondent no.3 returnable within a period of three weeks and thereafter passed the following orders:

(2.) The matter was again listed because notices were issued to the respondent no.3. Now, the State has filed objections. The objection relates to the maintainability of the anticipatory bail application, a thing which is a history now, because the provision is contained in the statute book. State also informed that charge-sheet has been submitted in the case.

(3.) The only point, which remains for consideration is, as to whether, the order dated 15th November, 2018, as quoted hereinabove is an ad-interim anticipatory bail order or is it anticipatory bail order? It is so, because in view of the settled proposition of law as discussed hereinafter, anticipatory bail order shall remain in force till the trial unless the tenure of anticipatory bail is limited by the Court under any special and peculiar feature.