Rajasthan High Court - Jaipur
Ganpatsingh @ Ramkishan S/O Nihal Singh vs State Of Rajasthan on 9 December, 2022
Author: Birendra Kumar
Bench: Birendra Kumar
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No.15508/2022
Ganpatsingh @ Ramkishan S/o Nihal Singh, R/o Sonpura Majra
Khankhedi, P.S. Bayana, Dist. Bharatpur (Raj.)
(At Present Accused Petitioner Confined In Sub Jail Bayana)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Anshul Sharma, Adv.
For Respondent(s) : Mr. Atul Sharma, PP
Mr. Krishna Singh, Adv.
HON'BLE MR. JUSTICE BIRENDRA KUMAR
Order
09/12/2022
1. The Criminal Misc. Bail Application has been brought under Section 439 of Cr.P.C., seeking regular bail in connection with FIR No.577/2022 Registered with Police Station Bayana, District Bharatpur (Raj.) for the offences under Sections 467, 468, 471, 420 and 120-B of IPC.
2. Heard learned counsels for the parties and perused the record.
3. According to the FIR, the petitioner and his brother had sold the same property to Mishrilal Rawat through registered sale deed dated 08.12.2015 and the informant subsequently purchased the same from Mishrilal Rawat. One Lalita Sharma brought a suit for specific performance of contract in pursuance of an agreement to sale in respect of the same property made by the petitioner in favour of Lalita Sharma. In the civil suit the parties entered into a compromise on 05.02.2020 and the property was sold to Lalita (Downloaded on 14/12/2022 at 12:36:10 AM) (2 of 2) [CRLMB-15508/2022] Sharma. Learned counsel for the petitioner submits that the compromise in the civil suit was a collusive document, the agreement to sale between the petitioner and Lalita Sharma was antedated document and the informant was not a party to the suit.
4. Assuming that the prosecution's allegations are correct one, and the title passed to Mishrilal Rawat on 08.12.2015, the subsequent purchaser for consideration from a non-title holder would be cheated and not the real title holder. The investigation of the case is already complete.
5. Learned Public Prosecutor also opposed the prayer for bail.
6. The petitioner Ganpatsingh @ Ramkishan S/o Nihal Singh shall be released on bail in the aforesaid FIR, if he is not wanted in any other case, provided that he furnishes a personal bond in the sum of Rs.20,000/- (Rupees Twenty Thousand only) together with two sureties in the sum of Rs.10,000/- (Rupees Ten Thousand only) each to the satisfaction of the learned trial court with the following conditions :-
(i) the petitioner shall fully co-operate in the trial, failing which, the trial judge would be at liberty to cancel the bail bonds of the petitioner.
(ii) the petitioner shall not leave the Country without permission of the Court otherwise it would amount to disobedience of the order of this Court and would amount for cancellation of bail.
7. The bail application is allowed.
(BIRENDRA KUMAR),J Ashwani/-18 (Downloaded on 14/12/2022 at 12:36:10 AM) Powered by TCPDF (www.tcpdf.org)