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IN THE HIGH COURT OF RAJASTHAN
Sandeep Mehta, J.
Mangi Lal - Appellant
Versus
State - Respondent
Criminal Miscellaneous Bail Application No. 5178 of 2021
Decided on : 11-08-2021
Anticipatory Bail - Criminal Law - The court found that the case was of civil nature based on the factual report provided by the Investigating Officer, and therefore, the apprehension of arrest did not survive for the petitioner. The court directed that if the opinion of the Investigating Officer changes in the future, the accused petitioner should be given advanced notice of 10 days before any steps are taken against him.
Fact of the Case:
The petitioner filed an anticipatory bail application apprehending arrest in connection with an F.I.R. for offences under Sections 420, 467, 468, 471 and 120B IPC.
Finding of the Court:
The court found that the case was of civil nature based on the factual report provided by the Investigating Officer, and therefore, the apprehension of arrest did not survive for the petitioner. The court directed that if the opinion of the Investigating Officer changes in the future, the accused petitioner should be given advanced notice of 10 days before any steps are taken against him.
Issues: Anticipatory bail application under Section 438 Cr.P.C.
Ratio Decidendi: The court's decision was based on the factual report provided by the Investigating Officer, which indicated that the case was of civil nature, leading to the conclusion that the apprehension of arrest did not survive for the petitioner.
Final Decision: The anticipatory bail application was disposed of as having rendered infructuous.
JUDGMENT
Sandeep Mehta, J. - Heard the learned counsel for the parties and perused the material available on record.
2. This anticipatory bail application under Section 438 Cr.P.C. has been filed by the petitioner apprehending his arrest in connection with F.I.R. No.143/2021 registered at Police Station Nathdwara, District Rajsamand for the offences under Sections 420, 467, 468, 471 and 120B IPC.
3. Learned Public Prosecutor has placed on record the I.O. s factual report as per which, after thorough investigation, the case was found to be of civil nature.
4. In this view of the matter, the apprehension of arrest does not survive to the petitioner. In case, the I.O. changes the opinion at any subsequent point of time, the accused petitioner shall be given advanced notice of 10 days before taking any steps against him.
5. With the above observation, the instant application for prearrest bail is disposed of as having rendered infructuous.
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