ARJUN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS second application for bail has been moved by Arjun Singh in the following circumstances:

(2.) AFTER considering the matter in detail, I find that unfortunately, both the lower Courts have acted in mindless fashion. There was no occasion to disallow the bail prayer which was made by the accused -person. There was no such condition in the order dated 20.1.2003 to the effect that the bail was granted for limited period and when no conditions were imposed by this Court, it was improper on the part of the learned lower Courts to think that the petitioner was to be taken into custody since the challan was filed. It was not mentioned in the order of bail that the accused shall remain on bail upto filing of the challan and not thereafter. It is not to be inferred that in each case, in which, the anticipatory bail has been granted by the High Court, the accused shall be sent to jail after the challan was filed in the Court. In the case of Gurbaksh Singh Sibbia v. State of Punjab : 1980CriLJ1125 , the Apex Court has made an observation to the following effect: - -

(3.) NEEDLESS to say that the order dated 20.1.2003 was not limited in respect of time. It was thus not proper on the part of the two lower Courts to think that inspite of the order dated 20.1.2003 they were empowered to cancel the bail earlier granted by this Court.