Rohit Sharma S/O Shri Kailash ... vs State Of Rajasthan
2022 Latest Caselaw 7936 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

  S.B. Criminal Miscellaneous Bail Application No. 18013/2022

Rohit Sharma S/o Shri Kailash Chand, Aged About 33 Years, R/o
Muhana Badi Dhani, Police Station Muhana, Jaipur.(At Present
Confined In Central Jail, Jaipur)
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through P.p.
                                                                ----Respondent

Connected With S.B. Criminal Miscellaneous Bail Application No. 18014/2022 Om Prakash Sharma S/o Ram Narayan Sharma, Aged About 34 Years, Resident Of Village Muhana, Dhani Badi, Sanganer, Jaipur(At Present Lodged In Central Jail, Jaipur)

----Petitioner Versus State Of Rajasthan, Through P.p.

----Respondent S.B. Criminal Miscellaneous Bail Application No. 18015/2022 Amit Sogani Son Of Shri Hemant Sogani, Aged About 43 Years, Resident Of 153-A, Mahaveer Nagar Second, Maharani Farm, Durgapura, Jaipur(Raj.) (At Present In Central Jail, Jaipur)

----Petitioner Versus State Of Rajasthan, Through P.p.

----Respondent S.B. Criminal Miscellaneous Bail Application No. 18016/2022 Nitin Mishra Son Of Shri Ramsevak Mishra, Aged About 48 Years, R/o House No. 4, Pratap Nagar Second, Tonk Phatak, Police Sta- tion Bajaj Nagar, Jaipur. (At Present Accused Petitioner Is Con- fined In Central Jail Jaipur)

----Petitioner Versus State Of Rajasthan, Through P.p.

----Respondent

For Petitioner(s) : Mr. A. K. Gupta, Sr.Adv., Mr. Saurabh Pratap Singh Chauhan, Ms. Savita Nathawat, Mr. V. R. Bajwa Sr.Adv. With Mr. Manish Parmar, Mr. Amar Kumar, Mr. Kapil Bhardwaj, Mr. Anoop Meena,

(2 of 3) [CRLMB-18013/2022]

Mr. Gaurav Sharma, Mr. Mahesh Gupta, Mr. Poonam Chand Bhandari For Respondent(s) : Mr. Shyam Prakash Sharma, PP.

Mr. Ghan Shyam Singh Rathore, GA-

Cum-AAG, Mr. Anil Choudhary with Mr. Arvind Sharma

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

21/12/2022

1. The present bail applications have been filed under Section

439 Cr.P.C. The petitioners have been arrested in connection with

FIR No.246/2020 Registered at Police Station Shipra Path, Jaipur

City (South) for the offence(s) under Sections 420, 467, 468, 471,

120B of IPC.

2. Learned counsel for the petitioners submits that the

petitioners have been wrongly implicated in these cases.

Petitioners are behind the bars since long. Learned counsel for the

petitioners submits that no offence under Sections 420, 467, 468,

471, 120B of IPC is made out against the petitioners. Learned

counsel for the petitioners also submits that quasi-judicial

proceeding was also initiated before the Deputy Registrar, Co-

operative Societies under Section 58 of the Rajasthan Co-

operative Societies Act, in which Sub-Registrar Co-operative

Societies categorically stated in its judgment that accused

petitioners Shankar Singh and Nitin Mishra had lawful ownership

of the disputed land. Learned counsel for the petitioners also

submits that the said order was challenged before the Appellate

Authority but no stay was granted in favour of the complainant.

(3 of 3) [CRLMB-18013/2022]

Learned counsel for the petitioners also submits that case pertains

to civil nature and conclusion of trial may take long time. So,

petitioners be enlarged on bail.

3. Learned Public Prosecutor as well as learned GA-Cum-AAG

and learned counsel for the complainant have opposed the bail

applications.

4. Considering the contentions put-forth by the counsel for the

petitioners and taking into account the facts and circumstances of

the case and without expressing any opinion on the merits of the

case, this court deems it just and proper to enlarge the petitioners

on bail.

5. Accordingly, the bail applications under Section 439 Cr.P.C.

are allowed and it is ordered that the accused-petitioners Rohit

Sharma S/o Shri Kailash Chand, Om Prakash Sharma S/o

Ram Narayan Sharma, Amit Sogani Son Of Shri Hemant

Sogani and Nitin Mishra Son Of Shri Ramsevak Mishra shall

be enlarged on bail provided each of them furnishes a personal

bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/-

each to the satisfaction of the learned trial Judge for their appear-

ance before the court concerned on all the dates of hearing as and

when called upon to do so.

6. A copy of this order be placed in connected files.

(NARENDRA SINGH DHADDHA),J

Seema/283-286

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