This court dismissed an anticipatory bail application filed under Section 438 Cr.P.C. in a cheating and forgery case involving alleged creation of forged sale deeds and trust, holding that lack of documentary evidence of ownership and the gravity of the offence precluded relief.
Anticipatory bail application stands dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 8845/2020
Siraj S/o Kamaludeen, Aged About 45 Years, R/o Ward No 17, Bagad, Police Station Bagad, District Jhunjhunu (Rajasthan).
----Petitioner
Versus
State Of Rajasthan, Through Pp
| ----Respondent | |
|---|---|
| For Petitioner(s) | : Mr. O.P. Jhajhria, Adv. |
| For Respondent(s) | : Mr. Chandragupt Chopra,PP |
| For Complainant | Mr. Hem Singh, Adv. |
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
08/09/2020
The present bail application has been filed under Section 438 Cr.P.C. in connection with FIR No.296/2019 registered at Police Station Kotwali, District Jhunjhunu for the offence(s) under Sections 420, 406, 467, 468 & 120-B of IPC.
Counsel for the petitioner submits that the petitioner has been falsely implicated in this case. Petitioner had possession over the disputed property. Complainant does not have any document regarding the disputed property and he has created forged trust, so, the petitioner be enlarged on anticipatory bail.
Learned counsel for complainant as well as learned Public Prosecutor have opposed the bail application.
Allegation levelled against the petitioner is that he was caretaker of the trust property and he had sold the trust property by creating forged sale deed. During the course of the argument,
(2 of 2)
[CRLMB-8845/2020]
learned counsel for the petitioner failed to show any document with regard to ownership of the property, so, looking to the gravity of the offence, I am not inclined to grant the anticipatory bail to the petitioner.
Hence, the anticipatory bail stands dismissed.
(NARENDRA SINGH DHADDHA),J
TN/29
2 issues framed by the court
Whether anticipatory bail shall be granted to the petitioner accused of forging documents and cheating in connection with trust property.
Whether absence of documentary evidence regarding ownership justifies grant of anticipatory bail in light of the gravity of the offence.
2 provisions across 2 enactments
Siraj S/o Kamaludeen
State Of Rajasthan
Narendra Singh Dhadha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
