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Rajasthan High Court · body

2013 DIGILAW 1820 (RAJ)

Dhapu Devi v. State of Rajasthan

2013-10-17

KANWALJIT SINGH AHLUWALIA

body2013
JUDGMENT 1. - Present application has been filed under Section 438 Criminal Procedure Code for grant of pre-arrest bail to the petitioner in a case arising jut of F.I.R. No. 240/2012, registered at Police Station, Nanna, Tehsil Bali, District Pali, for offences punishable under Sections 420, 467, 468, 471 and 120-B I.P.C. 2. Mr. Ranjeet Joshi, the learned counsel appearing on behalf of the petitioner has submitted that on 1.11.1979, a `Patta' regarding residential house was issued in favour of the petitioner. It is further submitted by the learned counsel that the above said house was acquired by the Railways and compensation was received by the petitioner on 17.8.2010. Counsel for the petitioner submits that she has lodged a case of domestic violence against her family members and resultantly an F.I.R. has been lodged alleging that `Patta' was obtained by the petitioner in 1979, on the basis of false facts and same is forged and fabricated document. 3. Mr. Anil Joshi, the learned Public Prosecutor for the State, has submitted that the report of Forensic Science Laboratory has been received and it has been proved that the `Patta' contained false signatures. 4. After hearing the learned counsel for the parties. It is apparent that the offence, if any, is based upon documents and documents are already in possession of the Investigating Officer. As nothing is to be recovered from the petitioner, hence, her custodial interrogation is not called for. 5. Consequently, the present application for pre-arrest bail is accepted and it is ordered that in the event of arrest, the petitioner shall be released on bail to the satisfaction of the Arresting Officer. The petitioner shall undertake to abide by the conditions specified under Section 438(2) Cr.P.C. and shall appear before the Investigating Officer as and when called for.Bail application allowed. *******