(1.) A short but an important question comes up for consideration in this case, as to when the order of granting anticipatory bail becomes operative.
(2.) The grievance of the informant petitioner is that the accused respondent No.2 has violated the condition imposed by the High Court while granting anticipatory bail on 27.03.2009, which has compelled him to file this application for cancellation of bail under Sec. 439(2) Code Criminal Procedure with the prayer that the aforesaid order of anticipatory bail be cancelled.
(3.) The accused respondent No.2 had preferred an application for anticipatory bail (1809/2009) in FIR (43/2009) registered at Police Station Jyoti Nagar, Jaipur City, Jaipur for the offences under Sec. 420 and 467 Indian Penal Code. The anticipatory bail application was considered and decided by the High Court, in presence of the counsel for the informant petitioner, on 27.03.2009 and after holding that the petitioner is entitled for the benefit of anticipatory bail, it was ordered as under:-