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2012 DIGILAW 52 (RAJ)

Hemraj v. State of Rajasthan

2012-01-04

MOHAMMAD RAFIQ

body2012
JUDGMENT 1. - Contention of the learned counsel for the petitioner is that the allegation of making forged signature has been dropped even by the investigating agency, which has not filed any challan against the accused petitioner for offence under Sections 467, 468 and 420 IPC. Complainant in his statement recorded under Section 161 Criminal Procedure Code has stated that the signatures were forged by his nephew Jogendra, who was doing the work of finance and that Jogendra has since died. Fact is that complainant in fact stood security to the petitioner and when the petitioner was not able to repay the loan and recovery proceedings initiated, lodged a false case against the petitioner. Petitioner is in jail for last two months and this is his first offence. 2. Learned Public Prosecutor has opposed the bail application. 3. Having regard to the facts aforesaid and all other facts and circumstances of the case, I deem it appropriate to enlarge the petitioner on bail. 4. In the result, this bail application under Section 439 Criminal Procedure Code is allowed and it is directed that petitioner Hemraj S/o Bajranglal shall be released on bail in FIR No.551/2011 registered at P.S. Kotwali, District Baran for offence under Sections 420, 467, 468 and 406 Indian Penal Code on petitioner furnishing a personal bond in the sum of Rs. 50,000/- together with two sureties in the sum of Rs. 25,000/- each to the satisfaction of the concerned Court for his appearance before the trial court on all dates of hearing until conclusion of the trial.Bail Application allowed. *******