VISHAL & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The learned Sessions Judge vide its order dated 1.11.2002 extended benefit of Sec. 438 Code Criminal Procedure to the petitioners and granted them anticipatory bail in FIR No.235/2002. While granting anticipatory bail, the learned Sessions Judge imposed condition No.4 to the effect that accused petitioner would produce Mukhtyar Nama dated 26.11,2001 before the Investigating Officer, which is under challenge in this petition.

(3.) The Public Prosecutor later on filed an application under Sec. 439(2) Code Criminal Procedure for cancellation of bail granted to the accused petitioners on the ground that the petitioners have failed to comply with the condition No.4 as imposed by the learned Sessions Judge in his order dated 1.11.2002. In this back ground, the learned Sessions Judge while exercising powers under Sec. 439(2) Code Criminal Procedure cancelled the anticipatory bail ground to the petitioners on 1.11.2002.