SUKHPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS order will dispose of two bail applications one is S. B. Cr. Misc. Bail Application No. 2437 of 1987 Sukhpal Vs. The State of Rajasthan under Sec. 438 Cr. P. C. and other is S. B. Cr. Misc. (Cancellation) bail application No. 2458 of 1987 Sheo Narain Vs. The State of Rajasthan under Sec. 439 (2) Cr. P. C.

(2.) AN F. I. R. was lodged at Police Station, Uniara, District, Tonk, a case under the various sections of the IPC including Section 452 IPC was registered against the accused Sukhpal and Kishore. AN application for pre-arrest bail under S. 438 Cr. P. C. was moved before the learned Sessions Judge, Tonk. The learned Sessions Judge, Tonk, vide his order dated 3. 8. 1987, in bail application No. 164/ 1987, allowed the application and in the event of arrest of the accused persons Kishore and other, they were ordered to be released on bail, by imposing certain conditions which are generally imposed under that Section. It appears that later on during the investigation of the case, an offence under Sections 307 and 459 IPC was also added and accused persons Kishore and others again moved an application for pre-arrest bail, under S. 438 Cr. P. C. before the learned Sessions Judge, Tonk, as they apprehended their arrest under the new sections added during the investigation. The learned Sessions Judge, under his order dated 10th Sept. , 1987, allowed the application for anticipatory bail to the accused persons but declined to grant pre-arrest bail to accused persons namely Kishore and Sukhpal. It may also be stated that an application for cancellation of bail granted to the accused persons under the order of learned Sessions Judge, dated 3rd August, 1987, was filed by Ramkalyan and Ram Gopal. The learned Sessions Judge, under his order dated 8th September, 1987, observed that the earlier order dated 3rd August, 1987, was not applicable to the newly added offence of under Sections 307 and 459 IPC and there-after no question of cancellation of bail allowed earlier arises.

(3.) THE application for bail bearing number S, B. Cr. Misc. Bail Application No. 2458/1987 is dismissed. .