Case Law
Subject : Criminal Law - Bail Matters
JODHPUR: The Rajasthan High Court recently granted bail to a man accused of conspiring to fraudulently transfer a complainant's land, observing that he was not a direct beneficiary of the transaction. The court also took note of a family member's statement suggesting the complainant had willingly sold the land.
The bench of
Hon'ble Mr. Justice
Chandra PrakashShrimali
was hearing a bail application filed by
The prosecution's case against the petitioner,
A key grievance was the financial discrepancy; the complainant allegedly received only ₹25,00,000, whereas the property was purportedly worth ₹91,16,250.
Petitioner's Counsel:
Mr.
Prosecution's Opposition: The learned Public Prosecutor, Mr. Lalit Kishor Sen, vehemently opposed the bail plea. He argued that the petitioner, along with co-accused individuals, had committed a serious fraud. The prosecution highlighted that the petitioner was in possession of the complainant's bank passbook and cheque book, indicating a deeper involvement. Furthermore, it was submitted that the petitioner had prior criminal antecedents of a similar nature.
After considering the arguments and reviewing the case materials, Justice Shrimali found sufficient grounds to grant bail. The court's decision was influenced by two critical factors:
Statement of the Complainant's Grandson:
The court noted a statement recorded under Section 180 of the
Lack of Direct Benefit:
The court observed that the petitioner,
In its order, the court stated:
"Having considered the rival submissions as well as facts and circumstances of the case; and considering the fact that as per the statement given by complainant’s grandson
Praveen under Section 180BNSS , his grand mother accepted the fact that she had sold her land...; and considering the fact that the present petitioner is not a direct beneficiary to any of the fraudulent transaction, therefore, expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail."
Consequently, the High Court allowed the bail application.
#Bail #RajasthanHighCourt #LandFraud
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