Hon'ble RATHORE, J.—Both the anticipatory bail applications are filed against the order dated 20.10.2011 passed by Sessions Judge, Jaipur Metropolitan, Jaipur and as such they are being decided by this common order.

2. These applications have been filed by the accused persons for grant of anticipatory bail in a matter where the learned Additional Chief Metropolitan Magistrate, No.4, Jaipur Metropolitan, Jaipur had accepted the protest petition filed by the complainant and summoned the applicants by way of non-bailable warrants, after taking cognizance against them on 09.09.2011.

3. The case of the prosecution is that in the city of Jaipur, there is a lake known as Mansagar which is about 400 years old. The said lake is an important historical and tourist point wherein a heritage building, namely Jal Mahal is situated. It was constructed in Sixteenth Century by the erstwhile ruler of Jaipur Maharaja Shri Man Singh with a total area of 750 bighas. The State Government had given it on lease of one rupee to Rajasthan Tourism Development Corporation for development of the lake Mansagar and Jal Mahal. In the year 2003, the State Government and the Rajasthan Tourism Development Corporation had invited tenders, in respect of said properties, for granting lease. In response to it, KGK Enterprises, Mumbai and Jal Mahal Project Pvt. Ltd., New Delhi had also submitted their tenders. KGK Enterprises, Mumbai was a partnership firm of which the co-accused Navratan Kothari is a working partner. M/s. Jal Mahal Project Pvt. Ltd. is another company of Navratan Kothari. Therefore, the co-accused Navratan Kothari had mischievously submitted tenders in two different names so as to make the tender procedure ineffective. Further the case is that KGK Enterprises, Mumbai, a partnership firm, was not technically eligible to take part in the tender because only private/ public limited companies could have done so. KGK Enterprises, Mumbai is a firm which deals with import and export of jewellery and it had no concern with environment and development of lakes.

As KGK Enterprises was ineligible for the tender, subsequently forged documents were prepared and presented in the name of K.G.K. Enterprises Consortium, a financial project. The said documents were produced with the connivance of the accused persons, for consideration of tender and ultimately accepted in its name.

Thereafter, a lease deed for 99 years was fraudulently executed by the State Government with one private limited company, namely Jal Mahal Resort Pvt. Ltd. and M/s. KGK Enterprises Consortium for Man Sagar Lake and Jal Mahal Palace and the possession was given. From the note-sheets of the relevant file, it was revealed that on the basis of forged documents produced in midst of tender process, the lease agreement was executed in the name of the aforesaid two companies whereas no tender had been submitted by them. The co-accused Navratan Kothari was the person incharge and having control of KGK Enterprises Consortium and also of Jal Mahal Resort Pvt. Ltd. It is also the case of the prosecution that for the purpose of development of Jal Mahal and Mansagar lake, an amount of rupees 24 crore was given by the Central Government but the amount was also given to the leasee by the State Government whereas it was to be utilized by it for the aforesaid purpose. Thus, the four accused persons had jointly committed the offence in respect of a valuable public property of great importance.

4. The complainant Bhagwat Gaur had filed a complaint on 28.4.2010 against Navratan Kothari, Rakesh Saini, Hridesh Kumar Sharma and Vinod Zutshi for the offences under Section 420, 467, 471 and 120B IPC. The learned Magistrate then ordered that the complaint be sent under Section 156(3) Cr.P.C. to the Police Station Brahmpuri for lodging of the report and to investigate into the matter. After investigation, the police filed a Final Report (78/2010) on 22.6.2010 on the ground of lack of jurisdiction. The learned Magistrate h

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