BANWARI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This transitory bail application under Sec. 438 Cr.PC. has been filed on behalf of petitioner Banwari Lal, who apprehends his arrest in F.I.R. No. 1/2002 P.S. Rakhiyal Station Near Dehgam, District Gandhi Nagar (Gujarat) wherein investigation for the offence under Sec. 409 I.P.C. is pending.

(2.) Learned counsel for the petitioner has filed a copy of aforesaid F.I.R. and has cited the cases of Neela J. Shaha Vs. State of Gujarat, reported in 1998(2) Crimes 261 , Sachindra Mahawar and others Vs. State of Madhya Pradesh and another, reported in 2000(3) Crimes 438 , Chandan Mal J. Jain Vs. State of Maharashtra, reported in 2001 (1) R.Cr.D. 504 (Raj.) and Ashwini Bharti Dhirajlal Bharti and anr. Vs. State of Gujarat, in Criminal Misc. Application No. 187/2002 . Interpreting the sacrosanct principle enshrined under the maxim "Audi alteram partem" and considering the value of liberty and pernicious effect its deprivation has on the life of an individual, in all these cases, it has consistently been held that the transitory bail can be granted to an accused who reasonably apprehends his arrest and who resides within the jurisdiction of the court and the case against him is pending investigation in jurisdiction of another High Court to provide him immediate relief so as to enable him to approach the concerned court having jurisdiction for his release on anticipatory bail, however keeping in view the facts and circumstances of the case against him. He has, therefore, prayed for grant of transitory bail to the petitioner for a period of four weeks.

(3.) Learned PP has also no serious objection to the grant of transitory bail to the petitioner.