BailAppl 8807/07 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Criminal Misc. Bail Application No.8807/07 Kanhaiya Lal & Anr. Versus State DATE OF ORDER : 08/02/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Suresh Sahni, for accused-applicants Mr. R.P. Kuldeep, Public Prosecutor Mr. Raghuveer Singh, I.O., Present in person *** Earlier on 20th December, 2007, this court directed the Public Prosecutor to inform the Investigating Officer to remain present in this court. From later order-sheets, it nowhere transpires that I.O. was present in this court. Yesterday when the matter came on 7th February, 2008, his junior officer [Shri Rajendra Khandelwal, Sub-Inspector] appeared. This court directed him to inform the Investigating Officer to remain present in this court on 8th February, 2008. Today, Mr. Raghuveer Singh, Investigating Officer, is present and he submits that in pursuance of order of this court dated 20th December, 2007, he was present on the date of hearing, but the matter was simply adjourned and no information, thereafter, received to him from the office of Public Prosecutor that he has to remain present in the matter. Even from the file maintained in Public Prosecutor office, there is no information available by which any presumption can be drawn about information ever sent to him. BailAppl 8807/07 [2] In view thereof, the oral explanation, which has been submitted by him, cannot be disputed and no further action in the matter is required. It has been informed by Investigating Officer that after investigation, matter has been found of civil nature and FR has been proposed from their office. In view of his statement made above, the present bail application has become infructuous. Consequently, the bail application u/s.438 Cr.P.C. stands dismissed as having become infructuous. Government Advocate of Public Prosecutor office is also directed to see that in future such kind of lapses should not be committed since it creates obstruction in dispensation of justice. [AJAY RASTOGI], J. FRBOHRA8807Bail Application2007 8-2.doc