Raghuvendra S. Rathore, J. - (1.) A short but an important question comes up for consideration in this case, as to when the order of granting anticipatory bail becomes operative.
(2.) The grievance of the informant petitioner is that the accused respondent No.2 has violated the condition imposed by the High Court while granting anticipatory bail on 27.03.2009, which has compelled him to file this application for cancellation of bail under Section 439(2) Criminal Procedure Code with the prayer that the aforesaid order of anticipatory bail be cancelled.
(3.) The accused respondent No.2 had preferred an application for anticipatory bail (1809/2009) in FIR (43/2009) registered at Police Station Jyoti Nagar, Jaipur City, Jaipur for the offences under Section 420 and 467 Indian Penal Code. The anticipatory bail application was considered and decided by the High Court, in presence of the counsel for the informant petitioner, on 27.03.2009 and after holding that the petitioner is entitled for the benefit of anticipatory bail, it was ordered as under:- Accordingly, it is directed that in the event of his arrest in connection with F.I.R. No.43/2009 of Police Station, Jyoti Nagar, Jaipur City, Jaipur the accused petitioner Lalit Kumar Modi S/o Shri K.K. Modi shall be released on bail provided he furnishes a personal bond in the sum of Rs.25,000/- with two sureties in the like amount to the satisfaction of the concerned Investigating Officer/S.H.O. On following conditions: (1) that he shall make himself available for interrogation by a police officer as and when required; (2) that he 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 he shall not leave India without the previous permission of the Court; (4) That he shall attend in accordance with the conditions of the bond executed by him.;