1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. CRIMINAL MISC. BAIL APPLICATION NO. 6342/2009 Jaswant Singh vs. State of Rajasthan Dated : 28.08.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Ashvin Garg, for the petitioner. Mr. Amit Punia, Public Prosecutor for the State. This order governs the disposal of bail application filed under Section 438 of Cr.P.C. by Mr. Ashvin Garg Advocate on behalf of the applicant Jaswant Singh pertaining to FIR No. 148/2009 registered at police statioin Shahjahanpur, District Alwar in the offences 454 and 466 of IPC. 2. Heard learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the relevant material available on record. 3. Investigating Officer of this case Mr. Rajendra Singh, of police station Shahjahanpur, District Alwar is present in the Court. He submits that the case is pending investigation but no record has yet been taken from the concerned Naib Tehsildar. The notices for this record has already been given to him. He has yet not found the petitioner to be an accused of this case. He does not intend to arrest the petitioner as there has been no evidence against him. 4. In view of the statements of Investigating Officer, the petition filed on behalf of the petitioner Jaswant Singh under Section 438 of Cr.P.C. is not maintainable and the same stands dismissed as not found maintainable. 2 5. However, the Investigating Officer is directed not to make the arrest of the petitioner without giving him a notice of seven days. (MAHESH BHAGWATI), J. Mak/- 36