Allowed

Kakkurhi v. State

Rajasthan HC2 Aug 2019CRLMB/4659/2019

Case brief

AI extract

What is this about?

Single judge of the Rajasthan High Court at Jodhpur considered a bail application where the petitioner apprehended arrest for cheating offences regarding land sale. The court noted a pending civil suit for recovery was filed by the complainant. The court granted anticipatory bail on the petitioner furnishing a personal bond and sureties.

What did the court decide?

Granted anticipatory bail upon furnishing a personal bond of Rs. 50,000/- with two sureties of Rs. 25,000/- each.

Kakkurhi Vs State — Bail and Remand | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 4659/2019

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Kakkurhi D/o Munna Ram W/o Mukana Ram, Aged About 50 Years, B/c Patel Kumawat R/o Neemaj Tehsil Jaitaran District Pali.

----Petitioner

Versus

State, Through Pp

----Respondent For Petitioner(s) : Mr. R.S. Gill For Respondent(s) : Mr. S.K. Bhati, P.P.

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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Order

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02/08/2019

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Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

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The petitioner apprehends his arrest in connection with FIR No.44/2019 of Police Station Jaitaran, District Pali for the offence punishable under Sections 420, 406 and 120-B of IPC.

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Learned counsel for the petitioner has submitted that allegation against the petitioner is to the effect that she executed an agreement with the complainant to sell her agriculture land and in advance she received Rs. 5,50,000/-, however, later on, the petitioner did not execute registered sale deed in favour of the complainant and sold the said land

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(2 of 3)

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[CRLMB-4659/2019]

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to somebody else. It is submitted that the complainant has already filed a suit for recovery of Rs. 5,50,000/- against the petitioner. The said suit was instituted in July, 2018 and the same is pending before the concerned civil court. A certified copy of the suit for recovery filed by the complainant against the petitioner is placed on record. It is submitted that despite pendency of the said suit, the complainant has filed this false FIR against the petitioner only with the intention to recover money for which a civil suit has already been filed.

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Learned Public Prosecutor has opposed the bail application.

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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.

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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 Kakkurhi D/o Munna Ram W/o Mukana Ram in FIR No.44/2019 of Police Station Jaitaran, District Pali she 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.25,000/- each to the satisfaction of the concerned I.O./S.H.O. on the following conditions:-

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(i) She shall make himself available for interrogation by Investigating Officer as and when required;

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(3 of 3)

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[CRLMB-4659/2019]

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(ii) She 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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(iii) She shall not leave India without the previous

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permission of the court.

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(VIJAY BISHNOI),J

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69-Taruna/-

Kakkurhi v. State

Case brief

What is this about?

What did the court decide?

Kakkurhi v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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