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2021 Supreme(Raj) 824

IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Mahendar Kumar Goyal, J.
Ravindra Sain - Appellant
Versus
State Of Rajasthan - Respondent
S.B. Criminal Miscellaneous Bail Application No. 14194/2021
Decided on : 29-09-2021

Advocates appeared:
Mr. Sandeep Pathak with Mr. Arnav Singh, Advocate, for the Petitioner; Mr. Atul Sharma, PP, for the Respondent

The court may grant anticipatory bail based on an amicable settlement of a civil dispute and the role of the petitioner in the case.

Headnote:

Anticipatory Bail - Civil Dispute - The court allowed the anticipatory bail application based on the amicable settlement of a civil dispute and the petitioner's role as a Patwari in entering mutation in the name of the purchaser.

Fact of the Case:

The petitioner filed for anticipatory bail apprehending arrest in connection with a criminal case for offenses under Section(s) 420, 467, 468, 471 & 120-B IPC. The petitioner claimed that the dispute, of a civil nature, had been compromised and argued against the need for custodial interrogation.

Finding of the Court:

The court considered the amicable settlement of the civil dispute and the release of co-accused persons on pre-arrest bail, and deemed it just and proper to grant the petitioner anticipatory bail without expressing any opinion on the merits of the case.

Issues: The main issue was whether the petitioner should be granted anticipatory bail in connection with the criminal case.

Ratio Decidendi: The court's decision was influenced by the amicable settlement of the civil dispute, the petitioner's role as a Patwari, and the release of co-accused persons on pre-arrest bail.

Final Decision: The anticipatory bail application was allowed, and the petitioner was directed to furnish a personal bond and sureties with specific conditions.

JUDGMENT

1. This application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with F.I.R. No. 260/2017 registered at Police Station Suket District Kota (Rural) for the offence(s) under Section(s) 420, 467, 468, 471 & 120-B IPC.

2. It is contended by learned counsel for the petitioner that the dispute, purely of civil nature, has already been compromised between the contesting parties and he, being Patwari, entered mutation in the name of the purchaser on the basis of the sale deed. He submits that custodial interrogation of the petitioner is not warranted and prayed for his release on pre-arrest bail.

3. Learned Public Prosecutor has opposed the bail application.

4. Taking into consideration the submissions advanced by learned counsel for the petitioner, amicable settlement of dispute between the contesting respondents as is evident from a copy of the compromise available in the file of S.B. Criminal Misc. Bail Application No.5554/2019 and release of co-accused persons on pre-arrest bail by this Court; but, without expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the petitioner on pre-arrest bail.

5. Accordingly, the anticipatory bail application is allowed and it is directed that in the event of arrest of petitioner in connection with afore-mentioned FIR registered at concerned Police Station the petitioner Ravindra Sain S/o Shri Bhawani Shankar shall be released on bail; provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) along with two sureties of Rs.50,000/- (Rupees Fifty Thousand Only) each to the satisfaction of the concerned Investigating Officer/S.H.O. on the following conditions:-

    (i). that the petitioner shall make himself available for interrogation by a police officer as and when required;

(ii). that the petitioner 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 him from disclosing such facts to the court or any police officer; and

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

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