Shivkumar @ Seduram S/O ... vs State Of Rajasthan
2021 Latest Caselaw 2923 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

          S.B. Criminal Miscellaneous Bail Application No.
                                11011/2021

Shivkumar @ Seduram S/o Birbalprasad Goyal, Aged About 60
Years, R/o Ward No. Shahpura Road, Neemkathana District Sikar
(Raj.) (At Present Confined In Sub Jail Neemkathana District
Sikar)
                                                                     ----Petitioner
                                     Versus
State Of Rajasthan, Through Pp
                                                                   ----Respondent

For Petitioner(s) : Mr. Vikash Kumar Jakhar, through VC For Respondent(s) : Mr. Mangal Singh saini, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

14/07/2021

1. Petitioner has filed this bail application under Section 439

Cr.P.C.

2. F.I.R. No.11/2021 was registered at Police Station

Neemkathana, District Sikar for offence under Sections 420, 323,

452 506 & 120-B I.P.C.

3. It is contended by counsel for the petitioner that petitioner

sold the property to the complainant wayback on 23.09.2019.

Thereafter, a dispute was raised by wife of the petitioner that she

is having gift deed in her favour with regard to the same property.

It is also contended that from the FIR itself, it is evident that

petitioner's wife has given an assurance to the complainant that

the gift deed cancelled. It is further contended that the

(2 of 2) [CRLMB-11011/2021]

complainant is in possession of the premises and is having

registered sale deed in his favour. There is inordinate delay in

lodging of FIR.

4. Learned Public Prosecutor has opposed the bail application.

5. I have considered the contentions.

6. Considering the contentions put forth by counsel for the

petitioner, I deem it proper to allow the bail application.

7. This bail application is, accordingly, allowed and it is directed

that accused-petitioner shall be released on bail provided he

furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees

One Lac only) together with two sureties in the sum of

Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction

of the trial Court with the stipulation that he shall appear before

that Court and any Court to which the matter be transferred, on

all subsequent dates of hearing and as and when called upon to do

so.

(PANKAJ BHANDARI),J

NIKHIL KR. YADAV /102

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