NAHAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD Mr. P. K. Sharma learned counsel for Nahar Singh petitioner and Mr. S. B. Mathur learned Public Prosecutor for the State and perused all the relevant papers, This is a fourth application for anticipatory bail filed by Nahar Singh in this Court. His previous applications were dismissed by three different Judges of this Court. After going through the relevant papers and the fourth application the petitioner has prayed for grant of anticipatory bail on medical grounds. He has produced the Medical certificate showing that he is suffering from hypertension and chest pain and is admitted in Medical Wards General Hospital, Bharatpur since 30. 10. 82. Learned Public Prosecutor has contested the application for anticipatory bail mainly on the ground that three previous applications for anticipatory bail have been rejected by this court and the petitioner did not surrender himself in the court of learned Magistrate. Having considered all the facts and circumstances of the case and looking to facts that the petitioner is suffering from hypertension and chest pains and is admitted in the General Hospital, Bharatpur since 30 10. 82, and that all other co-accused have been released on bail, I consider it proper to grant anticipatory bail to Naharsingh petitioner under section 438 Cr. P. C. and direct that he shall be released on bail provided he furnishes personal bond in the amount of Rs. 6,000 /- (Rs. six thousand) together with two sureties in the amount of Rs. 3,000/-each to the satisfaction of Judicial Magistrate, Weir for his appearance in the said court of Judicial Magistrate, Weir on each date of hearing and whenever is called upon to do so, provided further, (i) That the petitioner shall make himself available for interrogation by police officer as and when required. (ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any persons acquainted with the facts of the case so as to dissuade him from disclosing such facts to that court or to any police officer. (iii) That the petitioner shall not leave India without the previous permission of the Court. .