Rajasthan High Court - Jaipur
Chhitarmal And Ors vs State Of Rajasthan Through P P on 20 December, 2012
Author: R.S.Chauhan
Bench: R.S.Chauhan
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH ORDER S.B. CRI. MISC. BAIL APPLICATION NO.9423/2012 (Chhitarmal & Ors Vs. State of Rajasthan) Date of Order :- 20.12.2012 HON'BLE MR. JUSTICE R.S.CHAUHAN Shri Pankaj Gupta, for the accused-petitioners. Shri Parvesh Choudhary, Public Prosecutor.
Shri Ritesh Jain, for complainant.
Heard the learned counsel for the petitioners as well as the counsel for the complainant and the learned Public Prosecutor.
Learned counsel for the accused-petitioners has contended that there was a civil suit filed by the petitioners' side, with regard to land in dispute, which has been decreed in their favour by a judgment and decree dated 1.8.2012. Secondly, that the allegations against them, made by Laxman, are false. Till the land is measured by the competent authority, it would be unclear whether the petitioners have sold the land which belongs to the complainant or not. He has further contended that six different FIRs have been lodged against the petitioners by Laxman and others, but nature of the FIRs are the same.
Learned counsel for the complainant has vehemently opposed the bail application. He has contended that the petitioners have alienated the land belonging to the complainant and his family members. Even in the civil suit filed by the petitioners, they have forged the service of notice on the complainant about which a case has been registered against them. Moreover, they are constantly threatening the complainant in the present case. Hence, the petitioners should not be enlarged on bail.
Leaned Public Prosecutor has echoed the arguments advanced by the learned counsel for the complainant.
Without expressing any opinion about the merit or demerit of the case, this Court is not inclined to grant the benefit of anticipatory bail to the accused-petitioners under Section 438 Cr.P.C.
Hence, the anticipatory bail application is dismissed.
(R.S.CHAUHAN),J.
Chauhan/-
All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
(Raj Kumar Chauhan), P