MOTILAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioners have come to this Court for releasing them on bail u/s 438 Cr. P. C.

(2.) A report was lodged against the petitioners and an FIR No. 152/86 was registered at PS-Todaraisingh, u/ss. 147, 452, 323 & 380 IPC. After registering the case, the accused-petitioners were arrested on 24th Dec. , 38. They then moved a bail application u/s 437 Cr. P. C. before the Magistrate, which was accepted and they were ordered to be released on bail. Thereafter, investigation proceeded, and the police found that a case u/s 326 or 307 IPC was also prima facie made out against the petitioners. The petitioners apprehended that they would be re-arrested by the police for offence u/s 326 or 307 I. P. C. An application was moved u/s 438 Cr. P. C. before the Sessions Judge, Tonk, who dismissed the said application on 19th Jan. , 87.

(3.) THE application for anticipatory bail is therefore, accepted. THE SHO/ Arresting Officer/investigating Officer, PS-Todaraisngh is directed that in the event of arrest of the petitioners, they be released on bail on their furnishing a personal bond in the sum of Rs. 2,000/- on the following conditions:- 1. That they shall make themselves available for interrogations by a police Officer as and when required; 2. that they shall not directly or indirectly make any inducement threat or promise to any person acquainted with the facts of the case so as to dissuide him from disclosing such facts to the court or to any police officer; 3. that they shall not leave India without the previous permission of this Court. .