PRASHANT JAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The complainant-petitioner has filed this application under Section 439(2) Cr.P.C. with a prayer to cancel anticipatory bail granted to the accused-respondents by the Sessions Judge, Jaipur Metropolitan vide order dated 20.5.2011 passed under Section 438 Cr.P.C. in Criminal Misc. Bail Application No.2514/2011 in respect of FIR No. 170/2010 registered at Police Station Shyam Nagar, Jaipur City (South) for the offences under Sections 420, 467, 468, 471 read with Section 120-B IPC.

(2.) Brief relevant facts for the disposal of this application may be stated as below:

(3.) The respondents appeared through their respective counsel and sought time to file reply to the application and vide order dated 8.3.2013 one more opportunity was granted for the same but on that counsel for the parties did not appear due to strike. On 29.3.2013 none was present on behalf of the respondents and it was also found that reply has also not been filed on their behalf and, therefore, opportunity to file reply was closed. On 10.4.2013, the date on which arguments on behalf of the parties were heard, it was brought to the knowledge of the court that the respondents have already filed their respective reply on 11.3.2013 but the same was not placed with the file. On inquiry being made it was found the reply has been filed and thereof looking to the fact that it was filed within the time granted by the Court vide order dated 8.3.2013, the same has been taken on record.