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Rajasthan High Court · body

2009 DIGILAW 1456 (RAJ)

Ashok Kumar v. State of Rajasthan

2009-06-09

MAHESH BHAGWATI

body2009
Hon'ble BHAGWATI, V.J.—This order governs the disposal of fourth bail application filed under Section 439 of Cr.P.C. by Shri Anil Upman Advocate on behalf of the petitioner Ashok Kumar pertaining to F.I.R. No. 206/2008 of Police Station Kotwali, Jaipur in the offences under Sections 420, 467, 468, 471 and 120B of IPC. 2. Heard the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the material on record. 3. Learned counsel for the petitioner has canvassed that the petitioner is a kidney patient and he is not being provided sufficient medical facilities in jail. In case, the proper and sufficient medical facility is not arranged for the patient, he may lose his life. Hence, in view of these special circumstances, he may be granted indulgence of bail. 4. Learned Public Prosecutor has opposed the bail petition and submitted that the learned trial Court has already passed an order with regard to providing sufficient medical facilities to the petitioner. The jail authorities are found to have been directed by the learned trial Court to provide proper medical facilities to the petitioner. Hence, the fourth bail petition of the petitioner may also be dismissed. 5. Having considered the submissions made at the bar and carefully scanned the relevant material available on record, it is noticed that the first bail petition was decided on 22.10.2008 with detailed reasons. It is further found that there is a gang of land grabbers in the city, of which the petitioner is a member whose main profession is to forge the document with regard to properties, cheat the innocent persons in a planned way and induce them to deliver the property in lieu of fake documents of the land. The petitioner has also been found to have framed a fake power of attorney and induced the complainant Ranjanpal to give Rs. 7,01,000/- in lieu of a plot sold to him against a total sum of Rs. 21,23,341/-. The rest of the amount was agreed to be paid at the time of execution of sale deed. The petitioner has also been found to have framed a fake power of attorney and induced the complainant Ranjanpal to give Rs. 7,01,000/- in lieu of a plot sold to him against a total sum of Rs. 21,23,341/-. The rest of the amount was agreed to be paid at the time of execution of sale deed. It was specifically highlighted in the order that in present times, a spate of illegal sale of land under the garb of forged documents has alarmingly increased in the city during last 2-3 years, posing a serious threat to the innocent citizens who are induced to part with their hard earned money in lieu of nothing. It was also observed that unless the malady nipped in the bud at the earliest, such land grabbers and cheats are likely to cause turbulence as also mayhem in the society. Thus, I, do not find any good ground to change my earlier view. Hence, this so called fourth bail petition also deserves to be dismissed. 6. In the result, the fourth bail petition filed under Section 439 of Cr.P.C. on behalf of the petitioner Ashok Kumar stands dismissed. 7. However, keeping in view the submissions advanced by the learned counsel for the petitioner, the jail authorities are directed to provide proper and sufficient medical facilities to the petitioner for his treatment. If required, the petitioner may be taken to Sawai Mansingh Hospital, Jaipur and required facilities may got be arranged in the Nephrology Department.