DR. LAXMAN SWAROOP Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard.

(2.) It is contended by the learned counsel that the incident is of the year 1989 and the report was made in 1991. After registration of the case, investigation has been completed and sanction has also been obtained for prosecution and only charge-sheet has to be filed. Counsel further contended that Investigating/Prosecution Agency wants arrest of the petitioner only for submission of charge-sheet. The learned counsel states that the petitioner shah appear before the concerned Court as and when charge-sheet is filed by the Investigating/Prosecution Agency. It was also contended that the petitioner was suspended by the State Government, but his suspension has been stayed by the High Court and that he was not the operating Doctor and by no stretch of imagination it can be inferred that he misappropriated the Government money.

(3.) Without expressing any opinion on the merits of the case, but taking into consideration all the facts and circumstances, I am inclined to grant pre-arrest bail to the petitioner under Sec. 438, Crimial P.C.