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Rajasthan High Court · body

2019 DIGILAW 310 (RAJ)

Mohammad Fayaz v. State of Rajasthan, Through PP

2019-01-24

VIJAY BISHNOI

body2019
JUDGMENT 1. Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record. 2. The petitioner apprehends his arrest in connection with FIR No. 62/2014 of Police Station Makrana, District Nagaur for the offence punishable under Sections 420, 379, 323 and 504 of I.P.C. 3. Learned counsel for the petitioner has submitted that a complaint has been filed against the petitioner to the effect that he received Rs. 7,00,000/- from the complainant to sell the stone of Mine No. 234, however, he executed an agreement to sell the stone of Mine No. 234/1-A. It is also alleged that the Mine No. 234/1-A was already closed and the type of marble, for which the complainant paid money to the petitioner is not available in the Mine No. 234/1-A. 4. It is argued that the Police after thorough investigation filed final report in the matter way-back in the year 2014. However, now at the request of the complainant again further investigation has been ordered by the trial Court and the petitioner apprehends that the Police may arrest him. Learned counsel for the petitioner has also submitted that in relation to the same dispute the complainant preferred a civil suit in the Court of Senior Civil Judge, Parabatsar in the year 2014, which came to be dismissed by the said Court on 06.02.2018. 5. Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant anticipatory bail to the accused petitioner under Section 438 Cr.P.C. 6. Accordingly, this bail application under Section 438 Cr.P.C. is allowed and it is directed that in the event of arrest of the petitioner Mohammad Fayaz S/o Haji Jaan in FIR No. 62/2014 of Police Station Makrana, District Nagaur, he shall be enlarged on bail provided he furnishes a personal bond in a sum of Rs. 50,000/- with two sound and solvent sureities of Rs. 50,000/- with two sound and solvent sureities of Rs. 25,000/- each to the satisfaction of the concerned I.O./S.H.O. on the following conditions:- (i) He shall make himself available for interrogation by Investigating Officer as and when required; (ii) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer; (iii) He shall not leave India without the previous permission of the court.