SHETHNA, J. - (1.) CONSIDERATIONS which must be kept on the mental screen and precautions which may be taken in disposing of an application for anticipatory bail under Sec. 438 of the Code of Criminal Procedure, 1973, require to be spelled out in order that the provision is meaningfully applied and judicial discretion is exercised in an appropriate manner in such matters.
(2.) AS was visualized by the Law Commission sometimes false accusations may be levelled against persons just with a view to cause them embarrassment arising out of the social stigma of an arrest and the circumstances that a man has to remain in jail albeit till he is released on bail. It may also happen that the competent authority may place a person (against whom an accusation of having committed a non-bailable offence is levelled) under arrest, say on the eve of a holiday or at a time when the Courts are closed. The purpose of Sec. 438 inter alia appears to be to secure that such a person is not obliged to ge to jail till he is able to move the Court for being released on bail. Sec. 438 itself is widely worded and does not engraft any limitations on the power of the Court in case a person who has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence makes an application invoking the powers of the Court for a direction granting anticipatory bail. Even so, the powers have to be exercised in a judicial manner with the end in view that whilst the object of the provision is served the pitfalls inherent in the situation are eschewed. This has been held by the learned Single Judge of Gujarat High Court in case of Somabhai Chaturbhai Patel vs. State of Gujarat (1) I fully agree with the view taken by the learned Single Judge of Gujarat High Court. While considering anticipatory bail applications the courts below must keep this in mind. In the instant case the learned Judge without applying his mind to this, rejected the anticipatory bail application of the accused-petitioner. Hence, this application. In the instant case, having regard to the accusation, I do not see any reason why the prayer for granting bail in anticipation should not be granted.
(3.) ACCORDINGLY, this bail petition is allowed. It is, therefore, directed that in case of petitioner Pappu Ram son of Bala Ram is arrested in connection with offence relating to alleged theft of Jeep No. RJ. 21 C 3033 punishable u/s. 379 I. P. C. registered against him vide C. R. No. 254/2000 at Police Station Merta City, he shall be released on bail provided he furnishes a personal bond in the sum of Rs, 10,000/-with two sureties of like amount to the satisfaction of the concerned Investigation Officer on the following conditions: 1) that the petitioner shall make himself available for interrogation by a police officer as and when required; 2) that the petitioner shall not directly or indirectly, make any inducement, threat or Promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer; 3) that the petitioner shall not leave Indian without the prior permission of the court. .;