- (1.) Instant application has been filed under Section 439 (2) Cr.P.C. praying interalia that the bail granted by this Court to the accused-respondent No. 2, namely Ramgopal be cancelled, as this Court while granting pre-arrest bail has also granted liberty to the prosecution to seek cancellation of pre-arrest bail.
(2.) The relevant portion of the order passed by the Co-ordinate Bench reads as under:- "Having heard and considered the arguments advanced by learned counsel for the parties at the bar and upon perusal of the order impugned and the material available on the record, particularly, the report of the FSL after comparison of the disputed document, it is apparent that the comparison which was done was simply based on the comparison of the disputed document and the specimen signatures submitted by the complainant in the civil court. Obviously, when giving the specimen signatures, the concerned person very much has modulate the writings or the signatures as he desires. The substantial facts which goes to add force to the arguments of the learned counsel for the petitioner are that when the complainant filed a reply in the civil suit, he deliberately signed the reply in English. Learned counsel for the petitioner has placed on record a 'panchanama' said to have been executed between the parties on 25.4.2008. The said 'panchanama' could have been made the basis of comparison of the disputed signatures. Be that as it may, merely due to the report of the hand writing expert, which has been referred to above, the petitioner cannot be deprived pre-arrest bail in this case. However, it has to be directed that since the FSL report was received in pursuance to the directions of the civil court, the Investigating Officer shall endeavour to procure the admitted signatures of the complainant already in existence before the disputed agreement was executed and thereafter the comparison of the signatures shall be done from the FSL. Thereafter, if the report of the FSL is received adverse to the petitioner, the prosecution shall be at liberty to seek cancellation of pre-arest bail granted to the petitioner by this Court. Consequently, this anticipatory bail application is allowed. The S.H.O./I.O./Arresting Authority, Police Station, Kotwali, Dholpur in F.I.R. No. 565/2008 is directed that in the event of arrest of petitioner - Ram Gopal, he shall be released on bail provided he furnished a personal bond in the sum of INR 40,000/- with two sureties in the sum of INR 20,000/- each to his satisfaction on the following conditions:- (i) that the petitioner (s) shall make himself/herself/ themselves available for interrogation by a police officer as and when required. (ii) that the petitioner (s) 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 any police officer; and (iii) that the petitioner (s) shall not leae India without previous permission of the Court."
(3.) Admittedly, the report of the Rajasthan Forensic Science Laboratory, Jaipur has come against the accused-respondent No. 1, namely Ramgopal.;