NAZIR KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS bail application has been moved under Section 438 Cr. PC by the petitioner Nazir Khan alleging that one N.K. Singhapuri has lodged a report at Police Station, Paltan Road, Bombay. In connection with that report Moinuddin and Mohd. Farukh were arrested for offence under Section 506 IPC and later on both of them have been released on bail by the Additional Chief Metropolition Magistrate Bombay. On January 31, 1985 the petitioner returned from Alwar and came to his house at Jaipur. He was informed by his family members that on January 29, 1985 some police people from Bombay along with some policemen of Vidhayak -Nagar police station, Jaipur had come to his place and had enquired about him. He was also informed that the policemen wanted to arrest him in connection with some criminal case pending in Bombay Court. A non -bailable warrant has been issued against him.

(2.) MR . Rafiq argued that the allegation against the petitioner is for offence under Section 506 IPC which is a bailable offence and the learned Magistrate of Bombay Court has issued a non -bailable warrant at the first instance. He also argued that two co -accused have already been released on bail by the Magistrate at Bombay. The has requested that an anticipatory bail he granted so that he may be able to approach the competent court for bail.