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Mr. Pawan Bahi, APP for the State.
Bail Appi. No. 1204/2008 This is an application for grant of anticipatory bail in respect of an
FIR No.78/2008 under Section 420/406 IPC registered with P.S.
Kotwali, District Gaya (Bihar).
Although in the prayer clause, the petitioner has also prayed that a direction be given to Bihar police to interrogate the petitioner in
FIR No.78/2008 but the learned Senior counsel for the petitioner has very fairly given up the said prayer and stated that he may be given transit bail to enable him to go to the concerned District
Judge and obtain an appropriate order in terms of Section 438.
The learned APP for the State has stated that he has no objection in case the transit bail for a short duration is given. The State of
Bihar is not represented despite the fact that it is already 2.30 p.m. However, it has already filed a reply affidavit to the application through Superintendent of Police, Distt. Gaya;
I have gone through the said reply affidavit. Although in the affidavit, the State of Bihar has denied the allegations made by the petitioner in the petition that he has sought to be falsely framed in a case under Section 420/406 IPC. However, keeping in view the fact that the petitioner has been enjoying the interim protection since 10.7.2008, 1 deem it to be a fit case where the transit bail
2009:DHC:13647 could be given to the petitioner to enable him to go to the concerned District and Sessions Judge and obtain appropriate orders under Section 438 or 439 IPC as the case may be.
Accordingly, the petitioner is granted transit bail till 3 1.8.2009 on furnishing the personal bond for the sum of Rs. 10,000/- with one surety for the like amount to the satisfaction of the learned
With these directions, the petition is disposed of.
Copy of this order be sent to the Resident Commissioner State of
Bihar for information.
Dasti.
V.K. SHALl, J.
AUGUST 13, 2009 RN :1 cv7#tQ' F 1 ~/ $rs9 HIGH COURT OF DELHI
BAIL APPLN. 1204/2008
RUDRA NARAIN BARANWAL ..... Petitioner
Through: Mr. A.K. Pandey, Adv.
Through: Mr. Sunil Sharma, APP
26.04.2012 Crl.M.A. 19278/2011 This is an application for release of surety and cancellation of the endorsement on the FDR furnished by the applicant.
Notice was issued to the non-applicant/State. No reply to the application has been filed.
3 jt has been contended by the learned counsel for the applicant that
I
'vide order dated 13.8.2009, the accused, Rudra Narain Baranwal was released on transit bail in respect of FIR No.78/2008 under
Section 420/406 IPC registered by PS:Kotwali, District Gaya, Bihar on his furnishing Personal Bond in the sum of Z 10,000/- with one surety for the like amount to the satisfaction of the Registrar
(Appellate) of this Court.
ORDER
4. It has been stated that the wife of the accused had stood surety J~ before the Registrar (Appellate) for the petitioner. She has filed the present application for cancellation of the endorsement on the FDR on the ground that the petitioner was released on transit bail till 31.8.2009 and, thereafter, he had appeared before the High Court of Patna and obtained an anticipatory bail vide order dated 11.12.2009, copy of which has been placed on record. The affidavit of the applicant/wife is also on record. In view of the submissions made by the learned counsel for the 4 applicant, I feel that the prayer of the applicant deserves to be allowed and the endorsement on the FDR deserves to be cancelled as the petitioner has been released on bail by the concerned High Court. The Registrar (Appellate) is directed to cancel the endorsement made on the FDR. With these observations, the application stands allowed.
V. K.SHALl,)