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2020 DIGILAW 246 (RAJ)

Mahendra Shanadhya S/o Late Shri Bhanwar Lal Shanadhya v. State of Rajasthan, Through PP

2020-01-24

INDERJEET SINGH

body2020
ORDER : 1. The present third bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.219/2018 Registered at Police Station Vigyan, Nagar District Kota for the offences under Sections 420, 406 & 120 B of IPC. 2. Counsel for the petitioner submits that the petitioner has been falsely implicated in this matter and offences alleged against the petitioner are triable by Magistrate. Counsel further submits that the petitioner is in custody since 20.06.2019 and according to the order passed by the Trial Court, eight other cases are also pending against the petitioner, which have been filed due to failure on the part of purchaser to construct and handover the flats within time, against the developer and the petitioner is only land owner. 3. Learned Public Prosecutor assisted by counsel for the complainant has opposed the bail application and submits that there is no change in the circumstances after dismissal of the earlier bail application and further submits that 14 other cases are pending against the petitioner and Investigating Officer may be called to ascertaining about pending cases. 4. Considering the contentions put-forth by the counsel for the petitioner and taking into account the facts and circumstances of the case and the fact that the petitioner is in custody since 20.06.2019 and according to the order passed by the Trial Court dated 03.07.2019 eight other cases are pending against the petitioner and the alleged document of joint venture agreement upon which counsel for the complainant has relied is not a registered document, therefore, I deem it just and proper to release the petitioner on bail under Section 439 Cr.P.C. 5. Accordingly, the third bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Mahendra Shanadhya S/o Late Shri Bhanwar Lal Shanadhya shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.