BHAGWAN SINGH Vs. STATE

JUDGEMENT

(1.) In this matter, a pre-arrest application for bail was presented by the petitioner Bhagwan Singh in this court on 22nd Aug., 1990. In that application, the petitioner was directed to appear before the Investigating Officer on 30th Aug., 1990 for interrogation. As same articles have been recovered, but some more were still to be recovered, the application for pre-arrest bail was rejected on 10th Sept, 1990.

(2.) This is a second bail application filed by petitioner Bhagwan Singh u/s 438 Crimial P.C. on 8th Oct., 1990. It is pertinent to note that although, the first information report was lodged on 1st July, 1990 and the earlier pre-arrest bail application was rejected on 10th Sept., 1990, but the Station House Officer, Police Station Adarshnagar, Ajmer took no active steps either to arrest the petitioner or to obtain a search warrant for miking seizure of the remaining articles alleged to have been misappropriated by the petitioner. This inaction of the SHO Police Station Adarshnagar, Ajmer, deserves to be condemned. In this background, it is now proper to order that in the event of petitioner's arrest by the SHO, P. S. Adarshnagar, Ajmer in pursuance of F.I.R. No. 40/1990 u/s 406 IPC, he will enlarge the petitioner on bail subject to his furnishing personal bond in the sum of Rs. 6000.00 (Rs. Six thousand only) with the sureties in the sum of Rs. 3000.00 each to the situation of the SHO of the said Police Station to appear for interrogation before him whenever called upon to do so.