Allowed

Kishore Kumar Kushlani v. State of Rajasthan through Pp

Rajasthan HC14 Dec 2017CRLMB/14942/2017

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed an anticipatory bail petition filed under Section 438 CrPC. The petitioner sought bail in a case involving property fraud and forgery offences. The court permitted bail after the petitioner offered to return two lakhs via demand draft, relying on the contents of the impugned agreement.

What did the court decide?

Petitioner granted pre-arrest bail on a personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each, subject to conditions of interrogation and non-fleeing.

Kishore Kumar Kushlani Vs State of Rajasthan through Pp — Cheating and Forgery | Rajasthan HC (2017)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail No. 14942 / 2017

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Kishore Kumar Kushlani S/o Shri Thakurdas B/c Sindhi, Aged About 55 Years, R/o Near Bhagwanganj Chowki, Ajaynagar, Ajmer.

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----Petitioner

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Versus

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State of Rajasthan Through PP.

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----Respondent

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For Petitioner(s) : Mr. Rahul Agarwal.

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For Respondent(s) : Ms. Meenakshi pareek, PP with Mr. Vinod

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Kumar Sharma & Ms. Hema Devnani.

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HON'BLE MR. JUSTICE G.R. MOOLCHANDANI

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Order

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14/12/2017

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Heard learned counsel for the petitioners as well as learned Public Prosecutor and perused the material available on the record.

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Petitioner has filed this petition u/s 438 CrPC apprehending his arrest in connection with FIR No 53/2017 registered at Police Station Ramganj, Ajmer, for the offence/s punishable u/s 420, 467, 468, 471, 406, 415 and 120-B of IPC.

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Counsel for the petitioner has contended that without prejudice to his rights, petitioner is prepared to return back the amount of two lakhs through Demand Draft, though the petitioner has not committed any offence, recitals of agreement impugned has got precise terms, which were entered into agreement in connection with purchase of said property and petitioner has not committed any offence, so he be granted pre arrest bail, petitioner

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(2 of 2)

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[CRLMB-14942/2017]

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shall cooperate with the investigating agency and shall abide by the conditions of the bail order.

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Learned Public prosecutor, assisted by Sh. Vinod Kumar and Ms. Hema Devnani, has contended that complainant has yielded to the demand of receiving of said drafts and have got no objection if prearrest bail is granted to the petitioner.

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Contents of impugned agreement dt. 17.12.2015 evidently discloses that the said property was registered in the name of actual owner Sh. Prakash Sadhwani s/o Daya Ram Sadhwani and the conveyance was to be executed through the attorney of actual owner Sh. Prakash Sadhwani .

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In view of the above without entering into the merit of the case present petition seeking pre-arest bail is allowed.

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Resultantly, it is directed that in the event of arrest of Petitioner he be released on bail provided he furnishes a personal bond in the sum of Rs. 50,000/- with two sound and solvent sureties of Rs. 25,000/each to the satisfaction of concerned Investigating Officer/SHO on the following conditions:-

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1 he shall make himself available for interrogation by a police officer as and when required;

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2 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.

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he shall not leave India without previous permission of the court.

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Learned Public Prosecutor is directed to obtain the said Demand

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Drafts, which may be given to the complainant, receipt of which would be rendered to present petitioner.

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(G.R. MOOLCHANDANI) J.

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Ashu/2

Kishore Kumar Kushlani v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

Kishore Kumar Kushlani v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

What the court decided

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