Section 438 Cr.P.C. is applicable only in the event of apprehension of arrest and cannot be invoked by a person who has already been arrested and released on bail.

1. - This bail application has been filed under Section 438 Cr.P.C. against the judgment and order dated 29.7.2015 passed by learned Special Court (Forged Currency Cases) & Addl. Distt. & Sessions Judge, Jaipur Metropolitan, Jaipur whereby he has rejected the bail application of the petitioner.

2. Brief facts of the case are that the complainant Mahesh Chand Sharma submitted a complaint before the Rs. Mahesh Nagar, Jaipur (South) stating therein that he had bought plot no. 209, Shree Gopal Nagar, Jaipur by registered sale deed from the petitioner for a consideration of Rs. 50,21,000/-. At the time of said sale-deed, Smt. Kamla Pareek had informed that the plot was without any dispute but it was not so. Hence an FIR bearing No. 254/2013 was registered under Section 420, 406 and 120 IPC. In the meantime, when the police had arrested the petitioner, she was produced before the court of CJM Barsat, North 24 Pargana Calcutta, who accordingly vide order dated 21.7.2015 released the petitioner on bail till 30.7.2015 on the condition that on being released on bail she shall surrender before the concerned court at Jaipur positively by 30.07.2015 and a compliance report with regard to her surrender before the concerned court was to be submitted before that court positively by 5.8.2015.The order dated 21.7.2015 is reproduced as under:-

"Accused Smt. Kamala Pareek is produced in this court today on being discharged from the hospital.

ASI of police, Mahaveer Prasad of Mahesh Nagar P/S, Jaipur, Rajasthan files a fresh prayer seeking transit remand of the accused for her transit to Jaipur for production before the court of Ld. Metropolitan Magistrate No. 30, Jaipur, Mahanagar.

A bail petition has been filed on behalf of the accused.

Heard Ld. Advocate for the accused as well as the Ld. APP.

Perused the material in the case record.

Considered.

It appears that the accused was arrested on execution of warrant of arrest issued by Ld. Metropolitan Magistrate No. 30, Jaipur, Mahanagar and immediately after her arrest, her physical condition deteriorated and she had to be admitted to Rajarhat-Gopalpur Municipality Deshbandhunagar Hospital, Kolkata where from she was shifted to Rotary Narayana Multispeciality Hospital, Salt Lake City, Kolkata. The accused has been released from the hospital with the advice to continue medical management. A number of medicines have also been prescribed for the accused by the concerned doctor. On production of the accused in the court today it could be seen that the accused is still having vomiting tendency and her physical condition does not seem proper for her transit to Jaipur which is far off from this place.

In the circumstances, considering the physical condition of the accused, the prayer for transit remand of the accused is rejected.

In consideration of the facts & circumstances stated above, the prayer for bail of the accused is allowed.

Accordingly, the accused Kamala Pareek may be released on bail till 30.7.2015 on her furnishing bail bond of Rs. 20,000/- (rupees twenty thousand) with two sureties of Rs. 10,000/- each one of whom must be an Advocate surety on further condition that on being released on bail she shall surrender before the concerned court positively by 30.7.2015 and a compliance report with regard to her surrender before the concerned court has to be submitted before this court positively by 5.8.2015 by the Ld. Advocate Md. Kalam and Ld. Advocate Prasenjit Sen."

3. Although the petitioner was released on bail uptil 30.7.2015 and compliance report was to be submitted by 5.8.2015, but instead of surrendering herself before M.M. No. 30, Jaipur Metropolitan, the petitioner has moved the anticipatory bail before the court below, who vide impugned order dated 29.7.2015 dismissed the same, hence this bail application has been moved.

4. Learned counsel for the petitioner has contended that the petitioner is suffering from cancer and is not keeping well, she has been falsely implicated in this case, she i