Mafa @ Mafat Singh vs State Of Rajasthan
2022 Latest Caselaw 6829 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 3516/2022

1. Mafa @ Mafat Singh S/o Sh. Hemaji @ Hem Singh, Aged About 45 Years, B/c Rao, R/o Junjhani Bus Stand Bhinmal, P.s. Bhinmal, Dist. Jalore.

2. Babu @ Babu Singh S/o Sh. Hemaji @ Hem Singh, Aged About 73 Years, B/c Rao, R/o Junjhani Bus Stand Bhinmal, P.s. Bhinmal, Dist. Jalore.

                                                                  ----Petitioners
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Pradeep Shah
For Respondent(s)         :     Mr. S.K. Bhati, PP



              HON'BLE MR. JUSTICE FARJAND ALI

                          Judgment / Order

07/05/2022

This anticipatory bail application has been filed by the

petitioners apprehending his arrest in connection with F.I.R.

No.18/2022, Police Station Bhinmal, District Jalore, for the

offences under Sections 420 & 406 IPC.

Heard learned counsel for the petitioners and learned Public

Prosecutor. Perused the material available on record. Learned

counsel submits that the initial cause of action had arisen in the

year 1974, when the land was purchased and possession was

obtained. Predominantly, the matter relates to a civil dispute,

However, endeavors have been made to give it a colour of crime.

It is not a case where custodial interrogation of the petitioners

would be required.

(2 of 2) [CRLMB-3516/2022]

In view of above submissions and after considering facts and

circumstances as available on record. This Court is of the opinion

that it is a fit case for grant of pre-arrest bail to the petitioners

under Section 438 Cr.P.C.

Accordingly, the bail application is allowed and it is directed

that in the event of arrest of petitioners (1)Mafa @ Mafat Singh

S/o Sh. Hemaji @ Hem Singh and (2) Babu @ Babu Singh S/o Sh.

Hemaji @ Hem Singh in connection with F.I.R. No.18/2022, Police

Station Bhinmal, District Jalore, the petitioners shall be released

on bail; provided they furnish a personal bond in the sum of

Rs.50,000/- each along with two sureties of Rs.25,000/- to the

satisfaction of the concerned Investigating Officer/S.H.O. on the

following conditions :-

(i). that the petitioner(s) shall make himself/herself/themselves

available for interrogation by a police officer as and when

required;

(ii). that the petitioner(s) shall not directly or indirectly make any

inducement, threat or promise to any person acquainted with

the facts of the case so as to dissuade him from disclosing

such facts to the court or any police officer; and

(iii). that the petitioner(s) shall not leave India without previous

permission of the court.

(FARJAND ALI),J 133-nidhi/-

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