JITENDRA RAY GOYAL
Dinesh Sunda – Appellant
Versus
State of Rajasthan – Respondent
Jitendra Ray Goyal, J.-This is an application under Section 438 CrPC for anticipatory transit bail to the petitioner. According to the petitioner, one criminal matter under Section 138, of the Nagotiable Instruments Act is pending in the Court of Additional Chief Judicial Magistrate, Solan, Himachal Pradesh. Apprehending the arrest in that case, this anticipatory transit bail for a limited period has been sought. Learned Counsel for the petitioner contended that a false complaint has been filed against him and the petitioner received a summon issued by Additional Chief Judicial Magistrate, Solan Himachal Pradesh to be present there on 30/07/2005. Since the petitioner was sick, he immediately sent a letter of request for the postponement of the date but on 28/12/2005 two police men came at his residence, therefore, he is apprehending his arrest in this matter. Reliance has been placed on the Judgment s Harinder Singh and Ors vs. State of Rajasthan, reported in 2005 WLC U.C. 692 (Raj), Mahesh Kumar Sharma vs. State, reported in 2005 WLC U.C. 690 (Raj) and Chandan Mal J. Jain vs. State of Maharashtra and Anr., reported in 2001 (1) RCrD. 504 (Raj.)
2. Learned Public Prosecutor
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