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In the High Court of Judicature for Rajasthan

at Jaipur Bench Jaipur

Judgment

S.B.Cr.Misc. Cancellation of Bail

Application No. 2841/2009

State

vs

Daudayal

Date of order- 1.7.2013

Present

Hon'ble Mrs Justice Nisha Gupta

Mr.JR Bijrania PP for the State

This

Criminal

Misc.

Cancellation

Application under section 439(2) Cr.P.C. has

been filed for cancellation of bail granted

to the respondent.

Contention of the State is that in FIR

No.113/2004 PS Sarmathura, Dholpur, the

respondent was ordered to be released on

bail vide order dated 4.8.2005. The

respondent has not appeared before the

Investigating Officer and he has not

furnished any bail bond in compliance of

order and he is not available for the

investigation, the order dated 4.8.2005

should be quashed and bail granted to

respondent be canceled.

Heard learned Public Prosecutor.

It is an admitted fact that on 4.8.2005

the anticipatory bail has been granted to the

respondent on the condition that he will

furnish requisite bail bonds but admittedly

he had not furnished bail bonds meaning

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thereby the order dated 4.8.2005 had never

become operative and when the respondent

himself has not complied with the order there

is no occasion for the State Government to

prefer this petition for cancellation of bail

because bail had never been availed by the

respondent. Furthermore, order dated 4.8.2013

speaks itself that order is operative only

upto 15 days after filing of the charge sheet

and investigating officer is free to file

chargesheet against respondent even in his

absense under the provisions of Code of

Criminal Procedure,hence this application for

cancellation of bail seems to be misconceived

and is not maintainable as Investigating

officer can file the chargesheet against the

respondent if any offence is made out against

him and there is no occasion to move for

cancellation of bail of the respondent

because the bail facilitated to him has never

been availed by the respondent.

In view of the above, this petition is

liable to be rejected and is rejected.

(Nisha Gupta),J

om

Item No.2

All corrections made in the judgment/order have been incorporated in

the judgment/order being emailed.

Om Prakash

PA