Full Judgment Text
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CASE NO.:
Appeal (crl.) 791 of 2008
PETITIONER:
RAJENDRA SHARMA
RESPONDENT:
STATE OF RAJASTHAN AND ANR.
DATE OF JUDGMENT: 02/05/2008
BENCH:
S.B. SINHA & LOKESHWAR SINGH PANTA
JUDGMENT:
JUDGMENT
O R D E R
[Arising out of SLP(Crl.) No.8225/2007]
Leave granted.
Having heard the learned counsel for the parties, we are of the opinion that the
dispute between the parties being essentially a matrimonial one and the appellant
having submitted himself to the jurisdiction of the Investigating Officer in terms of
the interim order dated 15.1.2008 passed by this Court, interest of justice would be
subserved if the appellant, in the event of his arrest or surrender, is directed to be
enlarged on bail on furnishing bail bond for Rs. 10,000/- with two sureties each of the
like amount, to the satisfaction of the arresting officer and/or the Court concerned, as
the case may be, subject to the conditions laid down under sub-section (2) of Section
438 of the Code of Criminal Procedure.
-2-
This order is being passed as we are of the opinion that in the facts and
circumstances of this case, custodial interrogation of the appellant is not necessary.
It is stated that the contention of respondent No.2 is that the purported receipt in
question in relation to the return of the request is a forged one. Respondent No.2, if so
directed by the Investigating Officer, may give her specimen signatures or
handwriting which may be sent to the Government Examiner for comparison.
We, furthermore direct that in the event the Investigating Officer requires the
appellant to appear before him after giving some time to appear, the appellant shall
make himself available to him.
The appeal is disposed of with the aforementioned observation and direction.