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2017 Supreme(SC) 1301

R.K.AGRAWAL, A.M.SAPRE
Prem Giri – Appellant
Versus
State of Rajasthan – Respondent


JUDGMENT :

Abhay Manohar Sapre, J.

1. Leave granted.

2. This appeal is filed against the final judgment and order dated 22.11.2017 passed by the High Court of Judicature for Rajasthan at Jodhpur in S.B. Criminal Misc. Bail No.9471 of 2017 whereby the Single Judge of the High Court dismissed the bail application filed under Section 438 of the Code of Criminal Procedure, 1973(hereinafter referred to as “the Code”) by the appellant herein.

3. Facts of the case lie in a narrow compass. They, however, need mention infra to appreciate the short issue involved in the case.

4. The appellant apprehending his arrest in connection with commission of the offences punishable under Sections 143, 341, 323, 308, 332 and 353 of the Indian Penal Code, 1860 (hereinafter referred to as “the IPC”) pursuant to FIR No. 332/2017 registered at Police Station Jaitaran, Dist. Pali, filed an application for grant of anticipatory bail under Section 438 of the Code before the High Court of Rajasthan. The Single Judge of the High Court dismissed the application by impugned order, which has given rise to filing of this appeal by way of special leave in this Court by the applicant.

5. The impugned order reads as under:


















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