IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B.CR.MISC.BAIL APPLICATION NO.5692/2010. Veer Singh Vs. State of Rajasthan Date of order : July 6, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Dileep Singh Jadaun for petitioner. Shri Amit Poonia, Public Prosecutor for State. ******
Heard learned counsel for petitioner, learned Public Prosecutor for the State and perused the relevant documents placed before me.
Contention of the learned counsel for petitioner is that the alleged offence against the petitioner is under Sections 406, 420 and 120B IPC. According to the prosecution, petitioner even though entered into an agreement to sale with Smt.Sampati, the complainant and therein, it was stated that he paid to her Rs.26 lacs but actually such amount was not paid. Learned counsel for petitioner submits that simultaneously with the agreement to sale, Power of Attorney was also executed by said Smt.Sampati in favour of the accused petitioner and both of them were attested by the same notary public on 26/12/2009. After some time Smt.Sampati realised that her land can fetch higher amount and, therefore, she changed her mind and served upon the petitioner a legal notice through her Advocate revoking the Power of Attorney but also conveying her intention not to honour the agreement to sale. In that notice, it was nowhere mentioned that complainant Smt.Sampati did not receive amount of Rs.26 lacs. This story was developed subsequently when petitioner through his Advocate served upon the complainant the legal notice for filing civil suit for specific performance. A civil transaction has been given shape of criminal case in which, petitioner has been falsely implicated. Petitioner is in jail for more than one month. Challan is likely to be filed. Investigation is complete. Trial of the case will take a long.
Learned Public Prosecutor has opposed the bail application.
Considering the submissions made at the bar, the nature of accusation, the materials on record and all other facts and circumstances of the case, I deem it just and proper to enlarge the petitioner on bail.
In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner Veer Singh S/o Shri Hargyan shall be released on bail in FIR No.210/2010 P.S. Bhiwadi, District Alwar for offence u/Ss.406, 420 and 120B IPC on his furnishing a personal bond in the sum of Rs.30,000/- together with two sureties in the sum of Rs.15,000/- each to the satisfaction of the concerned Court for his appearance before that court on all dates of hearing until conclusion of the trial.
(MOHAMMAD RAFIQ), J.
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