Rajasthan High Court - Jaipur
Smt Shahnaj Khan And Anr vs State Of Rajasthan Through P P on 31 January, 2014
In the High Court of Judicature for Rajasthan at Jaipur Bench Jaipur O R D E R S.B. Criminal Miscellaneous Bail Application No.7602/2013. Smt. Shahnaj Khan and another Vs. State Date of Order ::: 31.01.2014 Hon'ble Mr. Justice Kanwaljit Singh Ahluwalia Mr. Amin Ali, Counsel for the petitioners Mr. Amit Poonia, Public Prosecutor for the State
Mr. R.D.S. Naruka, Counsel for the complainant.
*** Instant application has been filed under Section 438 Cr.P.C. for grant of pre-arrest bail to the petitioners in a case arising out of F.I.R. No.160/2013, registered at Police Station, Kotwali Sikar, District Sikar, for offences punishable under Sections 420, 467, 468, 465 and 120-B I.P.C.
The learned counsel appearing for the petitiioners has submitted that it is alleged by the complainant that the petitioners having executed an agreement to sell in his favour had not disclosed that earlier qua the same plot they had executed an agreement to sell with one Nizamuddin.
Counsel appearing for the petitioners further submitted that in fact the petitioners have purchased the plot from one Nizamuddin.
Counsel appearing for the petitioners, at the out set, submitted that the petitioners, in order to buy their peace, are ready and willing to return Rs.8,20,000/-, if the complainant is willing to cancel the agreement to sell and facilitate quashing of the F.I.R.
The learned counsel appearing for the complainant has submitted that the offer made by the petitioners is a reasonable one and the same is acceptable to the complainant.
In view of the joint agreement and consensus arrived at between the parties, this Court is of the view that sanctity ought to be given to the same.
Consequently, the present application stands disposed of by issuing following directions :-
[a] THAT the petitioners, as per statement made by the learned counsel, shall deposit Rs.8,20,000/- within a period of three-months in the trial Court;
[b] THAT till the period of three months, arrest of the petitioners, in the present case shall remain stayed.
[c] THAT upon deposit of the amount within stipulated period, the trial Court shall accept bail bonds of the petitioners and same shall enure till the conclusion of the trial.
[d] THAT the complainant shall satisfy the trial Court regarding cancellation of agreement to sell in his favour and shall also make a statement to forego his rights and claims arising out of the said agreement to sell. Upon doing so, the trial Court shall disburse the amount deposited by the petitioners to the complainant.
[e] THAT as agreed and stated by the learned counsel appearing for the complainant the complainant shall facilitate quashing of the F.I.R.
[f] THAT in case the petitioners fail to deposit the amount within the stipulated period, the present application shall be deemed to have been dismissed and the Investigating Officer shall be well within his rights to effect the arrest of the petitioners and law shall take its own course.
In view of above consensus arrived at between the learned counsel appearing for the parties, which has been stated in above terms, the present application stands disposed of.
[ Kanwaljit Singh Ahluwalia ] J.
ashok/97 Certificate - All corrections have been incorporated in the judgment/order being emailed.
Ashok Kumar Songara/P.A.cum J.W