In this bail petition, the High Court of Rajasthan dismissed the petitioner's application for anticipatory bail. The court held that the gravity of the allegations regarding fraud on government land precluded the grant of bail.
The application for anticipatory bail was dismissed with no grounds made out for its grant.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. CRIMINAL MISC. BAIL NO. 565/2017
Jhabar Singh S/o Baldeva, R/o B-31, Sanjay Colony, Nehru Nagar, Jaipur, Raj.
----Petitioner
Versus
State of Rajasthan Through PP,
----Respondent
For Petitioner : Mr. Madhav Mitra For Respondent : Mr. R.R. Baisla, P.P.
HON'BLE MRS. JUSTICE SABINA
Judgment / Order
13/1/2017
Petitioner has filed this petition under Section 438 Code of Criminal Procedure, 1973 seeking anticipatory bail in F.I.R. No.452/2016 registered at Police Station Murlipura, District Jaipur West, for offences under Sections 406, 420, 467, 468, 471, 120-B Indian Penal Code, 1860.
Heard.
As per the prosecution story, petitioner and his coaccused had defrauded the complainant to the tune of Rupees fourteen lacs fifty thousand by executing agreement to sell in his favour, although, the land which was agreed to be sold to the complainant was part of the passage and was government land. Petitioner is the president of the society.
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Keeping in view the seriousness of the allegations levelled against the petitioner, no ground for grant of anticipatory bail to him is made out.
Dismissed.
(SABINA)J.
Mohita/19
2 issues framed by the court
Whether anticipatory bail under Section 438 CrPC should be granted to the petitioner given the serious nature of the allegations.
Whether the allegations of fraud in executing an agreement to sell government land warrant the grant of bail.
2 provisions across 2 enactments
Jhabar Singh
State of Rajasthan
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
