GATUBAI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two miscellaneous petitions have been directed for modification in the order dt. 27-10-98 and 29-10-98 passed by the learned Addl. Sessions Judge No. 2, Chittorgarh whereby he granted anticipatory bail to the petitioners.

(2.) Mr. Mehta submits that the learned Addl. Sessions Judge while granting anticipatory bail has not granted some time to the petitioner for moving to the higher Court in case their application for regular bail is rejected by the Magistrate. Relying on the case of K. L. Verma v. State 1996 (7) Scale (SP) 20, he prays that some time should be granted to the petitioners for moving the higher Court in case their application for regular bail is rejected by the Magistrate.

(3.) Learned Public Prosecutor submits that the learned Addl. Sessions Judge was justified in ordering that the anticipatory bail shall be effective only up to the completion of the investigation in view of the observations of the Apex Court in the case of Salauddin Abdulsamad Shaikh v. State of Maharashtra, (1996) 1 SCC 667 : (1996 Cri LJ 1368).