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2005 DIGILAW 1032 (RAJ)

Mohan Lal Sharma v. State of Rajasthan

2005-04-06

N.K.JAIN

body2005
JUDGMENT 1. - Learned Counsel for the petitioner submits that in the present matter dispute relates to one 'Will' executed by Smt. Acharaj w/o Ram Prasad on 17th March 1986, in favour of Smt. Shimla wherein petitioner was one of the attesting witness. As per averments in the 'Will', Ram Pratap was to become a successor of Smt. Acharaj Devi and on the death of Ram Pratap the property was to go to Smt. Shimla. Smt. Acharaj and Ram Pratap both have died. 2. The complainant has already filed a suit for cancellation of 'Will' in the Court of Additional Civil Judge No. 4, Jaipur City, Jaipur, wherein the same 'Will' is a subject matter which is subject matter of this present criminal complaint also, which has been lodged subsequently by the complainant after filing the civil suit. The matter was already subjudiced in the Civil Court before filing the present complaint. More so the present petitioner is only an attesting witness and he is not the beneficiary. 3. The bail application has been opposed by learned Counsel for the complainant and learned Public Prosecutor. Their contention is that petitioner is a witness to a so called forged 'Will', therefore, he is also an accused under section 120B, I.P.C. 4. Taking into consideration all the facts and circumstances of the case, I am inclined to allow the bail application of the petitioner under section 438, Cr.P.C. 5. Therefore, the S.H.O./I.O. of P.S., Gandhi Nagar, Jaipur, is directed that in the event of arrest of the petitioner Mohan Lal Sharma in F.I.R. No. 298/01 registered under sections 420. 467, 468, 471 and 120-B, I.P.C., he shall enlarge him on bail provided he furnishes personal bond in the sum of Rs. 25,000/- with one surety in the like amount to his satis- faction on the following conditions: (1) that he shall make himself available for interrogation by I.O. as and when requires, (2) that he shall not, directly, 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 police officer, and (3) that he shall not leave India without the previous permission of the Court. Application Allowed *******