Leave granted.
Notice in this matter had been issued on a limited point as to whether
the petition filed by the appellant before the High Court for similar relief under
Section 438 Cr.P.C. had been withdrawn without her instructions.
Despite service of notice, no one appears to oppose the appeal.
However, since a statement has been recorded by the High Court to the effect that the
learned counsel for the appellant had prayed for dismissal of the application for
anticipatory bail, as withdrawn, the appeal is disposed of with liberty to the appellant
to file an appropriate application before the High Court questioning the instructions
alleged to have been given by her to her learned counsel. In case, the High Court is satisfied that no such instruction had been given, the appellant's application under
Section 438 Cr.P.C. may be revived and be disposed of afresh.
The interim order granted in this matter will continue to be operative
for a period of four weeks from date, to enable the appellant to make such an
application before the High Court.
(MARKANDEY KATJU) NEW DELHI; September 01, 2008.