Citation : 2021 Latest Caselaw 2162 Raj/2
Judgement Date : 5 March, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No.
14589/2020
Rajendra @ Raju S/o Shri Baluram Alias Lala, Aged About 38
Years, R/o Jodhawas Ps Thanagaji Dist. Alwar At Present In
Central Jail Alwar
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With S.B. Criminal Miscellaneous Bail Application No. 1322/2021 Sundarlal S/o Baluram, Aged About 48 Years, R/o Jodhawas Ps Thanagazi Dist. Alwar Raj. (At Present In Central Jail Alwar)
----Petitioner Versus State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Amit Jindal with Mr. Siya Ram
Sharma
For State : Mr. Sher Singh Mahla, PP
HON'BLE MR. JUSTICE PANKAJ BHANDARI Judgment / Order 05/03/2021
1. Petitioners have filed these bail applications under Section
439 Cr.P.C.
2. F.I.R. No.101/2018 was registered at Police Station
Thanagaji, District alwar for offence under Sections 420 & 406
I.P.C.
3. It is contended by counsels for the petitioners that the
agreement to sale was entered into between the petitioners and
complainant. It was agreed that the property would be registered
on 31.01.2018, thereafter, the time was extended till 30.04.2018.
Since the complainant did not pay the balance amount, as per the
(2 of 2) [CRLMB-14589/2020]
terms of the agreement, the amount was forfeited and the
property was sold on 17.05.2018. It is also contended that fake
receipt was prepared by the complainant dated 10.05.2018. It is
further contended that as per this document, Rs. 7,30,000/- was
given in cash. It is contended that the receipt dated 10.05.2018
was forged receipt as it does not bear the signatures of all the six
sellers. It is also contended that whenever the time was extended,
it was extended by six sellers. It is further contended that
petitioners have remained in custody since November, 2020.
4. Learned Public Prosecutor has opposed these bail
applications.
5. I have considered the contentions.
6. Considering the contentions put forth by counsel for the
petitioners, I deem it proper to allow these bail applications.
7. These bail applications are, accordingly, allowed and it is
directed that accused-petitioners shall be released on bail
provided each of them 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 they 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.
8. A copy of this order be placed in connected file.
(PANKAJ BHANDARI),J
NIKHIL KR YADAV / 7-8
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