Rajasthan High Court - Jaipur
Kanhaiy Lal Soni vs State Of Raj Asthan Through Pp on 22 April, 2011
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.3184/2011. Kanhaiya Lal Soni Vs. State of Rajasthan Date of order : April 22, 2011. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Amit Sharma for the petitioner. Shri Sanjeev Kumar Mehla, Public Prosecutor for State.
****** Contention of the learned counsel for the petitioner is that petitioner has not committed any offence of cheating and forgery. It is alleged that he had executed agreement to sale in favour of the complainant way back on 10/11/2004 but subsequently, he sold the property, which is situated in Kishangarh in District Ajmer to another person on 4/11/2010. Learned counsel submitted that when the complainant did not perform her part of agreement, petitioner has right to sell the property. Besides, the property situated at Kishangarh and the sale has also taken place thereat. The police station Sanganer therefore has no jurisdiction to registered the FIR against the petitioner. Petitioner is patient of paralysis. Petitioner is in jail for last one month. Trial of the case may take long.
Learned Public Prosecutor has opposed the bail application but he is not in a position to dispute the aforesaid facts.
Having regard to the facts aforesaid and 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 petitioner Kanhaiya Lal Soni S/o Shri Madan Lal Soni shall be released on bail in FIR No.13/2011 registered at P.S. Sanganer, Jaipur for offence under Sections 420, 406, 467, 468, 471 and 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 court on all dates of hearing until conclusion of the trial.
(MOHAMMAD RAFIQ), J.
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