2014 Supreme(Raj) 1047
RAJASTHAN HIGH COURT AT JAIPUR BENCH
Prashant Kumar Agarwal, J.
Nemchand Bothra - Appellant
Versus
State of Rajasthan and Ors. - Respondent
S.B. Criminal Misc. (Cancellation) of Bail Application No. 283 of 2014.
Decided On : 28-02-2014
For the State: Jitendra Shrimati, Public Prosecutor.
For the Accused-Respondents:K. Agarwal, Sr. Advocate with Yogesh Pujari, Advocate.
Headnote:Criminal Procedure Code, 1973, Section 439(2) – Indian Penal Code, 1860 Sections 420, 467, 468, 471, 472 and 120B The appeal has been allowed to cancel the bail of the accused-respondents – the accused-respondents were given bail earlier and the documentary evidence showing the dissimilarities in the signatures on the agreement as per the FSL report were not presented at the time of bail – It has been held that there is no fixed rule which states that the person who has been given bail cannot taken in custody after cancelling the bail – the bail of the accused has been cancelled as the document produced by the complaint was not available at the time of giving bail – Appeal has merits and is permitted.
(i) The petitioner filed a complaint against the accused-respondents and two other persons for the aforesaid offences in the Court of Additional Chief Judicial Magistrate, Gangapur City on 14.1.2013 alleging therein that the accused i pursuance of their criminal conspiracy executed forged agreement to sell of 15.1.2012 in respect of property in dispute and the fact of forgery came into his knowledge on 21.12.2012.
(ii) The complaint was sent for investigation under Section 156(3) Cr.P.C.ti the concerned Police Station and F.I.R. No. 40/2013 was registered for the aforesaid offences and investigation commenced.
(iii) Apprehending their arrest, the respondents initially filed application for anticipatory bail under Section 438 Cr.P.C. before the Additional Sessions Judge Gangapur City, but the same was dismissed vide order dated 1.4.2013.
(iv) Thereafter, the aforesaid application for grant of anticipatory bail was filed before this Court mainly on the ground that the disputed agreement was executed by the complainant on 15.1.2012 in favour of respondent-Shri Vijai Kumar after obtaining the amount of sale consideration as mentioned in it am on the basis of that agreement respondent-Vijay Kumar filed a suit for specific performance against the complainant on 16.1.2013 in the Court of Additions District Judge, Gangapur City, which is now pending. It was also averred in the application that prior to the aforesaid suit, a suit for permanent injunction along with an application for temporary injunction was also filed against the complainant and two other persons in the aforesaid Court on 12.12.2012 is which the complainant filed reply to the application on 21.1.2013 and ad interim temporary injunction order has already been passed in favour of the respondent
(v) Mainly considering the aforesaid claim made by the respondents, that the application filed by them was allowed, but at the same time right was granted to the complainant to pray for cancellation of the same, if it is found in the FSl report that the disputed agreement does not bear the signature of the complainant.