AARIF KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS bail application under Section 438 Cr. P. C. has been filed by the petitioner in FIR No. 331/07 dated 19. 9. 2007 registered at Police Station-Shastri Nagar, Jaipur for the offences under Section 392, 323, 365 of IPC and against the order dated 3. 10. 2007.

(2.) THE petitioner had initially moved an application for anticipatory bail before the learned Session Judge, Jaipur City, Jaipur which came to be decided by the Addl. District Judge No. 5, Jaipur City, Jaipur. Learned court below vide its order dated 3. 10. 2007 rejected the bail application filed by the petitioner. Being aggrieved and dissatisfied of the said order, the petitioner has filed this anticipatory bail application.

(3.) ON the other hand, the learned Public Prosecutor as well as learned counsel for the complainant have opposed the bail application. They have submitted that repossession of the vehicle by the Bank through their representative i. e. the petitioner, is contrary to law. They further submitted that the Bank who has financed the vehicle, should have adopt the due procedure for resuming the repossession of the vehicle. They have also relied on the judgment which had been mentioned in the order of rejection passed by the court below including the case of ICICI Bank Ltd. vs. Prakash Kaur & Ors. , reported in (2007) 2 SCC Page 711 = (2007 (2) RLW 1229 (SC ).