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SHANKER LAL v STATE - CRLMB Case No. 5100 of 2007  RD-RJ 5134 (24 October 2007)
S.B.CRIMINAL MISC. BAIL APPLICATION NO.5100/2007
(Shaker Lal vs. State of Rajasthan)
DATE OF ORDER : October 24, 2007
Mr.T.R.S.Sodha, for the petitioner.
Mr.Vishnu Kachhwaha, Public Prosecutor for State.
Heard learned counsel for the petitioner and the Public
Prosecutor for the State. Perused the order impugned and the police investigation diary.
It appears from the complaint itself that the complainant advanced a sum of Rs.50,000/- to the petitioner, though the petitioner disputes such advance. Be that as it may, it was a civil transaction of money lending. Without commenting on the merit of the case, having regard to the facts and circumstances of the case, I consider it just and proper to grant anticipatory bail to the petitioner.
Accordingly, the bail application filed by the petitioner under section 438 Cr.P.C. is allowed and it is directed that in the event of arrest of petitioner Shanker Lal s/o Pyarchand in FIR
No.278/2007, Police Station, Kotwali, Distt. Bhilwara, he shall be released on bail for a period till the police concludes the investigation and files the challan provided he furnishes a personal bond in the sum of Rs.10,000/- along with one surety of like amount to the satisfaction of Investigating Officer to surrender and appear before the trial court on the date of filing of the challan after conclusion of the investigation on the following conditions:-
(i)That he shall make himself available for interrogation by a police officer as and when required;
(ii)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 and;
(iii)That he shall not leave India without the previous permission of the Court.
The petitioner shall surrender before the trial court on the date of filing of the challan.
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