IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR
ORDER
S.B. Criminal Misc. Bail Application No. 6188/2009
Rajpal vs. State of Rajasthan
Dated : 18.08.2009
HON’BLE MR. JUSTICE MAHESH BHAGWATI
Mr. Jai Raj Tantia, for the petitioner.
Mr. G.S. Fauzdar, Public Prosecutor for the State.
This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Mr. Jai Raj Tantia Advocate on behalf of the applicant Rajpal pertaining to F.I.R. No. 437/2009 at police station Deeg, District Bharatpur in the offence under Section 420, 406, 467, 468, 471, 504 and 511 of IPC.
2. Heard the learned counsel for the petitioner, learned Public Prosecutor appearing for the State and perused the relevant material available on record.
3. Learned counsel for the petitioner has canvassed that one FIR No. 133/2008 was lodged by the complainant with the police station Kotwali, Bharatpur wherein, after completion of investigation, the police gave final report occurred. On similar facts another private complaint was filed in the court of Additional Chief Judicial Magistrate, Deeg, Bharatpur whereupon, FIR No. 437/2009 was registered by police station Deeg, which is pending investigation. The petitioner has been in custody for the last more than one month. The petitioner is alleged to have sold the land in the year 2002 to the complainant against the consideration of Rs. 2 lacs but he has filed the complaint in the year 2008, after an inordinate delay of six years. The petitioner has been falsely implicated whereas, he is totally innocent. During investigation, it has come out that the complainant is in the habit of forging documents and as many as 173 documents have been forged by him till date, hence, the petitioner may be granted indulgence of bail.
4. Learned Public Prosecutor has fairly conceded that the submissions made by the learned counsel for the petitioner are not against the record.
5. Having considered the submissions made at the bar and carefully scanned the relevant material available on record including the bail order dated 04.08.2009 rendered by Additional Sessions Judge No. 1, Deeg, District Bharatpur, I, without expressing any opinion on the merits of the case but keeping in view the facts as emerged on record, do deem it just and proper to grant indulgence of bail to the accused petitioner.
6. It is, therefore, ordered that the accused petitioner Rajpal S/o. Sh. Jagram in F.I.R. No. 437/2009 at police station Deeg, District Bharatpur shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- together with two surety bonds each in the sum of Rs. 25,000/- to the satisfaction of the learned trial Court with the stipulation that he shall appear before that Court on all dates of hearing and as and when called upon to do so till the trial is concluded.
(MAHESH BHAGWATI),J.
Mak/-
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