Pradeep Kumar Basavatiya vs State of Rajasthan

Mohini Kapoor, J.—A complaint u/s 409/109, IPC has been filed before the Metropolitan Magistrate 20th court at Esplande, Bombay. This has been sent to the police for investigation and an FIR has been registered at Police Station, L.T. Marg, Sub-Division Kalba Devi, Bombay. The petitioner is accused No. 1 in this case. It has been contended that the petitioner resides within the jurisdiction of this court and, therefore, this court can grant anticipatory bail to him. How ever, this is a case registered at Bombay and in absence of the particulars this court cannot arrive at a final decision and it is considered proper to grant interim bail to the petitioner for a period of two months and after that he shall have to seek appropriate orders from the concerned court or the Sessions Court or the High Court within whose jurisdiction the case has been registered.

The SHO/Arresting Officer, Investigating Officer, Police Station L.T. Marg, Sub-Division Kalba Devi, Bombay in FIR No. 265 of 1988, is, therefore, directed that in the event of arrest of petitioner Pradeep Kumar Basavatiya, he be released on bail, provided he furnishes a personal bond in the sum of Rs. 5,000/- with one surety in the like amount to his satisfaction, on the following conditions:

[a] that the petitioner shall make himself available for interrogation by a police officer as and when required;

[b] 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; and

[c] that the petitioner shall not leave India without the previous permission of the court.

The above order shall be operative for two months only.