B.R.Arora, J. - (1.) This bail application u/s 438, Cr. P.C. and the petition u/s 482, Cr. P.C. arise out of the order dated 13-9-1996 passed by the Sessions Judge, Jodhpur, by which the learned Sessions Judge granted anticipatory bail to the petitioner.
(2.) The relief, which has been prayed by the petitioners in these two petitions are that though anticipatory bail has been granted to the petitioners by the learned Sessions Judge but that has been granted with some conditions and only upto filing of the challan. Their apprehension is that as soon as the challan is filed, the petitioners will be arrested. They, therefore, prayed that the petitioners may be granted unconditional anticipatory bail till the conclusion of the trial.
(3.) Learned Public Prosecutor, assisted by Shri Mehta-learned counsel for the complainant, on the other hand, have opposed both these petitions and submitted that a condition was imposed by the learned Sessions Judge that the petitioners will cooperate in the investigation but they are not cooperating with the investigation and, therefore, the anticipatory bail granted to the petitioners should be cancelled.;