Murlidhar S/o Mangu Ram v. State of Rajasthan Through Its Public Prosecutor.
2007-08-30
RAGHUVENDRA S.RATHORE
body2007
DigiLaw.ai
JUDGMENT 1. - Heard the learned counsel for the petitioner and the learned Public Prosecutor for the State and also perused the material on record. 2. In this case a dispute arose between the parties for non- execution of the sale deed in furtherance of the agreement dated 15.04.2005. A private complaint came to be filed on 9th of April, 2007 and the instant criminal proceedings came to be initiated under Section 420, 406 and 120-B IPC. It is noteworthy that a civil suit has also come to be filed by the complainant on 13th of April 2007 in the nature of injunction suit and specific performance of the agreement, as aforesaid. 3. The learned Public Prosecutor opposes the bail application mainly on the ground that cheating has been committed by the petitioner by taking the alleged amount and executing the sale deed. 4. I have taken into consideration the aforesaid facts and circumstances of the case and the fact that the prosecution has on the one hand come out with the case of offence of Criminal Breach of Trust and on the other for the case of cheating and dishonestly inducing delivery of property. Furthermore the civil suit has also been tiled by the complainant in respect of same subject matter which itself goes to show that the dispute between the parties is of a civil nature. 5. Without expressing any opinion on the merits of the case, I deem it just and proper to enlarge the accused petitioner on bail under Section 439 Cr.PC. 6. It is ordered that the accused petitioner Murlidhar S/o Mangu Ram in F.I.R. No. 116/2007, Police Station, Rengus Distt. Sikar, shall be released; provided he furnishes a personal bond of Rs. 20,000 and two surety bonds of Rs. 10,000 each to the. satisfaction of the learned trial court with the stipulation to appear before the Court on all dates of hearing and as and when called upon to do so.Bail Granted. *******