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2010 DIGILAW 727 (RAJ)

Mohan Lal Machiwal v. State of Rajasthan

2010-03-31

MAHESH CHANDRA SHARMA

body2010
JUDGMENT Hon'ble SHARMA, J.-This is a fourth bail application by the accused petitioner under section 439 Cr.P.C. The first bail application filed by the accused petitioner No. 4803/2009 was withdrawn and the same was dismissed as withdrawn on 9.7.2009. The second bail. application No. 7053/2009 was rejected by this Court on 14.9.2009 by a detailed order. Third bail application moved by the accused petitioner No. 1128/2010 was also dismissed as withdrawn on 24.2.2010. Thereafter this fourth bail application has been submitted. 2. Brief facts giving rise to this fourth bail application are that the accused petitioner associated with other co-accused persons, hatched a conspiracy and grabbed Rs. 54,20,000 of the complainant. The accused petitioner introduced one Rajeev Tripathi as Ramchandra Saini while opening back account in SBBJ Gandhi Nagar, Jaipur. For the agreement for sale of land the complainant has neither been given any land nor his money has been returned. The petitioner alongwith co-accused are the land grabbers. 3. Ms. Arti Sharma, learned counsel for the accused petitioner contended that the accused petitioner is in judicial lock up since May 2009. The offence levelled against 'the accused petitioner is for the offence under Sections 420, 467, 471 and 120 B IPC. The alleged offence is triable by the First Class Magistrate and the other co-accused has been released on bail. The petitioner is suffering from cardiac problem, hence he should be released on bail. 4. On the other hand, Mr. Manish Kumawat, learned counsel for the complainant and Mr. Laxman Meena, learned Public Prosecutor appearing on behalf of the State of Rajasthan contended that the offence alleged against the accused petitioner is serious in nature. One of the offence alleged against the accused petitioner is under Section 467 IPC, and imprisonment for this offence is life imprisonment. The accused petitioner is a land grabber and he has cheated the complainant with more than 54 lacs. The offences of such nature are increasing day by day in State of Rajasthan and in order to curb these criminal cases; atleast the persons booked for the offences alleged against them should not be released on bail. Thrice the bail applications filed by the accused petitioner were dismissed by this Court and no new ground has been submitted by the accused petitioner and hence he should not be released on bail. 5. Thrice the bail applications filed by the accused petitioner were dismissed by this Court and no new ground has been submitted by the accused petitioner and hence he should not be released on bail. 5. Without commenting on the merits of the case, I dismiss this fourth bail application filed by the accused petitioner with the following directions: (1) As the advocate of the accused petitioner" Ms. Arti Sharma, raised the argument that the accused" petitioner is suffering from cardiac problem, the Jail authorities are directed to consult the cardiac specialist about the treatment of the petitioner. (2) Since the petitioner is in judicial custody since long, the trial Court is directed to expedite the trial as early as possible.