Allowed

Shrawan Kumar Devanda S/O Seduram Devanda v. State of Rajasthan

Rajasthan HC4 May 2021CRLMB/12936/2020

Case brief

AI extract

What is this about?

This judgment grants anticipatory bail in an FIR registration case involving Sections 420 and 406 IPC. The court held that criminal courts should not adjudicate civil recovery disputes and noted that significant portions of the disputed money had already been paid.

What did the court decide?

Anticipatory bail application allowed. Sheriff/IO directed to release petitioners on bail upon furnishing a personal bond of Rs. 1,00,000 with two sureties of Rs. 50,000 each.

Shrawan Kumar Devanda S/O Seduram Devanda Vs State of… — Cheating and Forgery | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 12936/2020

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Shrawan Kumar Devanda S/o Seduram Devanda, Resident Of Dabdi Rampura, Tehsil Amer, Distt. Jaipur.

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Smt. Nana Devi W/o Shrawan Kumar Devanda, Resident Of Dabdi Rampura, Tehsil Amer, Distt. Jaipur.

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----Petitioners

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Versus

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State Of Rajasthan, through Public Prosecutor.

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----Respondent For Petitioner(s) : Mr. Tapeshwar Pal Singh Parmar through VC For State : Mr. Mangal Singh Saini, PP For Complainant(s) : Mr. Vijay Kumar Jangid through VC

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HON'BLE MR. JUSTICE PANKAJ BHANDARI

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Order

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04/05/2021

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Petitioners have filed this miscellaneous bail application under Section 438 Cr.P.C.

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F.I.R. No.368/2019 was registered at Police Station Chomu, District Jaipur(West), for offences under Sections 420 and 406 of IPC.

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It is contended by counsel for the petitioners that dispute if any, is of civil nature. The dispute pertains to Rs.16 lac, out of which petitioners have paid Rs.12 lac and remaining Rs.4 lac as per the record(s) of the petitioners has also been paid to the complainant.

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Learned Public Prosecutor and counsel for the complainant have opposed the bail application. It is contended that petitioners have entered in to different agreements with different persons for

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(2 of 2)

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[CRLMB-12936/2020]

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the same land and have taken money from different persons. As per the directions of the Court, he has paid part amount and Rs.4 lac is still pending.

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I have considered the contentions.

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Courts, in criminal proceedings cannot be made a party for recovery of amount outstanding to the parties with regard to any agreement entered between them and taking note of the fact that out of amount Rs.16 lac, admittedly Rs.12 lac has been paid to the complainant, I deem it proper to allow the anticipatory bail application.

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The anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Chomu, District Jaipur(West) in F.I.R. No. 368/2019 is directed that in the event of arrest of the petitioners they shall be released on bail, provided they furnish a personal bond in the sum of Rs.1,00,000/- with two sureties in the sum of Rs. 50,000/- each to his satisfaction on the following conditions :-

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(i). that the petitioners shall make themselves available for interrogation by a police officer as and when required; (ii). that the petitioners 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 them from disclosing such facts to the court or any police officer, and

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(iii). that the petitioners shall not leave India without previous permission of the court.

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(PANKAJ BHANDARI),J

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HEENA/78

Shrawan Kumar Devanda S/O Seduram Devanda v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Shrawan Kumar Devanda S/O Seduram Devanda v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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