Rajasthan High Court - Jodhpur
Manak Lal vs State Of Rajasthan on 25 March, 2021
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 4124/2021
Mahaveer Singh S/o Shambhu Singh, Aged About 45 Years, B/c
Rajput, R/o Village Bhainsiya, Raipur P.s., District Pali. (Confined
In Sub Jail, Jaitaran)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 4127/2021
Manak Lal S/o Mohan Lal By Caste Baori Aged About 48 Years,
R/o Village Mohrai, Jaitaran P.s., District Pali. (Confined In Sub
Jail, Jaitaran)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Petitioner(s) : Mr. D.S Udawat
Mr. Anil Vyas
Mr. Bhawani Singh
For Respondent(s) : Mr. Shrawan Bishnoi, P.P.
For Complainant(s) : Mr. Awar Dan Ujjawal
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
25/03/2021
Heard learned counsel for the parties and also perused the
material on record.
The petitioners have been arrested in FIR No.67/2021 of
Police Station Raipur, District Pali for the offences punishable
(2 of 3) [CRLMB-4124/2021]
under Sections 406, 420, 467, 468, 471, 120-B IPC. They have
preferred these bail applications under Section 439 Cr.P.C.
Learned counsel for the petitioners have submitted that the
registered sale deed executed by the petitioner- Mahaveer Singh
in favour of the complainant Rajesh Jain, has wrongly been done.
It is also submitted that petitioners are ready to repay an amount
of Rs.8,05,000/- received from the complainant Rajesh Jain (Rs.
3,05,000/- to Mahaveer Singh and Rs.5,00,000/- to Manak Lal).
Mr. D.S. Udawat, learned counsel for the petitioner- Mahaveer
Singh has produced a demand draft of a nationalized bank
executed in favour of the complainant Rajesh Jain, the same is
handed over to the learned counsel for the complainant Mr. Awar
Dan Ujjawal immediately who in return has handed over a receipt
to Mr. D.S Udawat.
Mr. Anil Vyas learned counsel appearing for the
petitioner- Manak Lal has submitted that he will repay the amount
of Rs. 5,00,000/- to the complainant either in cash or by way of a
demand draft within a period of ten days from today.
Learned counsel for the complainant has no objection that
the petitioner Manak Lal be enlarged on bail subject to the
condition that he will make payment of Rs. 5,00,000/- to the
complainant within ten days. Learned counsel for the complainant
has also assured this Court that he will initiate the proceedings for
cancellation of the registered sale deed executed by Mahaveer
Singh in his favour on 09.01.2020 within a period of one month
from today.
Learned Public Prosecutor has opposed the bail applications.
(3 of 3) [CRLMB-4124/2021]
Having regard to the totality of the facts and circumstances
of the case, without expressing any opinion on the merits of the
case, I deem it just and proper to grant bail to the accused
petitioners under Section 439 Cr.P.C.
Accordingly, these bail applications filed under Section 439
Cr.P.C. are allowed and it is directed that petitioners Mahaveer
Singh S/o Shambhu Singh and Manak Lal S/o Mohan Lal shall be
released on bail in connection with FIR No.67/2021 of Police
Station Raipur, District Pali provided each of them executes a
personal bond in a sum of Rs.50,000/- with two sound and solvent
sureties of Rs.25,000/- each to the satisfaction of learned trial
court for his appearance before that court on each and every date
of hearing and whenever called upon to do so till the completion of
the trial.
It is made clear that if the petitioner- Manak Lal fails to pay
an amount of Rs. 5,00,000/- to the complainant as observed
above, the complainant Rajesh Jain is free to move application for
bail cancellation.
(VIJAY BISHNOI),J
123-124-akash/-
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