SANTOSH JAIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present petition has been filed by Santosh Jain, the petitioner herein, under Section 438 Cr.P.C. read with Section 482 Cr.P.C. for the grant of anticipatory bail in case FIR No. 231 dated 22.12.2002 under Sections 420/406/216 IPC registered at Police Station, Ladwa.

(2.) THE controversy involved in the present petition is very interesting. The petitioner had moved an application before the Sessions Court for seeking relief under Section 438 Cr.P.C. and the said relief was declined to her vide order dated 18.2.2003, Annexure P-1. The petitioner thereafter knocked the doors of this Court for the same relief and the application of the petitioner was disposed of by this Court vide order dated 24.2.2003, Annexure P-2, observing therein that the investigating agency will give three days notice to the petitioner to enable her to approach the Sessions Court for appropriate relief in this regard. The petitioner thereafter filed another application for anticipatory bail before the Sessions Court, Kurukshetra and the same was disposed of by the learned Additional Sessions Judge, vide order dated 9.4.2003, Annexure P-3 with the observation that the petitioner would be at liberty to file the application for regular bail before the Ilaqa Magistrate upto 17.4.2003 and in the meantime would join the investigation if called by the investigating agency. In this way, the arrest of the petitioner was stayed upto 17.4.2003. The petitioner thereafter moved an application under Section 439 Cr.P.C. for regular bail and the same was dismissed vide order dated 16.4.2003, Annexure P-4 passed by the learned Judicial Magistrate Ist Class, Kurukshetra. The petitioner then moved another application under Section 439 Cr.P.C. for regular bail before the Sessions Court and the same was dismissed vide order dated 9.5.2003, Annexure P-5 observing therein that the application under Section 439 Cr.P.C. for regular bail was not maintainable.

(3.) I have heard Mr. A.K. Mittal, learned counsel for the petitioner and have also gone through the file.