Ghewar Devi W/o Shri Shanti Swaroop Brahmin v. State of Rajasthan
1999-06-17
M.A.A.KHAN
body1999
DigiLaw.ai
JUDGMENT 1. - Heard. 2. It is alleged that one Babu Lal R/o Shambhupura, representing himself to be Kishan Lal Jat of village Sand, applied for loan for purchasing a tractor. The applicant in her capacity as Sarpanch of Gram Panchayat Sawa is alleged to have attested the affidavit filed by Babu Lal representing himself Kishan Lal. 3. It was submitted that the applicant was R/o Village Sawa and the jurisdiction of Gram Panchayat extended to other villages also including Sand and Shambhupura. In her capacity as Sarpanch of Gram Panchayat Sawa, the applicant could have, in good faith, verified the affidavit (4 a person residing within the territorial jurisdiction falling under her Gram Panchayat. It was thus, submitted that looking to the domestic set up and the representatives of the people and the manner of discharge of their duties by them in relation to the residents of their localities, the applicant cannot be, prima facie, attributed any mens rea in the present case. 4. Looking into the facts and circumstances of the case, it is directed that in the event of the arrest of the applicant, the applicant-Gewar Devi W/o Shri Sani Swaroop Brahmin, R/o Sawa, P.S. Chittorgarh be released on bail on her furnishing one surety of Rs. 5,000/- and a personal bond in the like amount to the satisfaction of the authority/Court arresting her. She shall observe the following conditions : (1) that the applicant shall make himself available for interrogation by a police officer as and when required, (2) that the applicant shall not directly or indirectly make any inducement threat or promise to any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the Court, or to any other police officer, and (3) that the applicant shall not leave India without previous permission of the Court. Bail allowed. *******