Rajasthan High Court - Jaipur
Amar Singh Urf Ami Lal vs State Of Rajasthan Through P.P on 19 September, 2012
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B.CR.MISC.BAIL APPLICATION NO.9225/2012. Amar Singh @ Ami Lal Vs. State of Rajasthan Date of order : September 19, 2012. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Sriram Yadav for the petitioner. Shri Amit Poonia, Public Prosecutor for State.
****** Contention of the learned senior counsel for the petitioner is that FIR has been lodged against petitioner by the brother of the petitioner alleging that an agreement to sale was executed by him in his favour for sale of his share in family property, whereas he has sold such share to a third party thereby, cheated the complainant and hence offence under Section 420 IPC is made out against him. Contention is that subsequently in 2001, new agreement to sale arrived at between the parties in which complainant released the petitioner from the said agreement. Petitioner is in jail since 5/8/2012. He has no criminal antecedents.
Learned Public Prosecutor has opposed the bail application but could not rebut the aforesaid submissions.
Without expressing any opinion on the merits of the facts however considering all other facts and circumstances of the case, I am inclined to enlarge the petitioner on bail.
In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that accused-petitioner - Amar Singh @ Ami Lal S/o Omkar shall be released on bail in FIR No.219/2012 registered at Police Station Kishangarhbas, District Alwar for offence u/Ss.420, 467, 471 & 120B IPC on his furnishing a personal bond in the sum of Rs.50,000/- together with two sureties in the sum of Rs.25,000/- each to the satisfaction of the concerned Court for his appearance before that trial court on all dates of hearing until conclusion of the trial.
(MOHAMMAD RAFIQ), J.
Anil/63 All corrections made in the judgment/order have been incorporated in the judgment/order being e-mailed Anil Kumar Goyal Sr.P.A. Cum JW