ORDER :

Mr. Kuldeep Mathur, J. - These applications for bail under Section 439 Cr.P.C. have been filed by the petitioners who have been arrested in connection with FIRs Nos.450/2021 & 154/2023 registered at Police Station Udaimandir, District Jodhpur City (East) for offences under Sections 420 , 467, 468, 471 and 120B IPC.

2. Learned senior counsel for the petitioners at the outset submitted that from the perusal of the FIR, it would reveal that the petitioners have been falsely implicated in a criminal case, though the dispute between the parties is purely of civil nature and various civil suits concerning/relating to the same are pending adjudication before competent civil court and an order to maintain status quo with regard to property in dispute has been passed by the competent civil court.

3. Learned counsel submitted that the allegations levelled against the petitioners is that they have sold a plot to the complainant by showing the same to be of their ownership by creating forged documents with the connivance of employees of the Sub-Registrar Office. Learned counsel submitted that as a matter of fact, the amount taken by the petitioners in advance from the complainant has already been returned to him and therefore, he ought not to have lodged FIR against the petitioners.

4. Learned counsel submitted that the offences alleged to have been committed by the petitioners are triable by a court of Magistrate. Learned counsel thus, implored the Court to accept the bail application.

5. Per contra, learned Public Prosecutor and learned counsel for the complainant - Mr.Falgun Buch, vehemently opposed the bail application and submitted that sufficient evidence is available on record, showing that the petitioners cheated the complainant and caused him huge financial loss. Learned counsel for the complainant submitted that it is absolutely wrong to contend that the amount taken in advance by the petitioners from the complainant had been returned. As a matter of fact, huge amount is due to be recovered from the present petitioners and therefore, they are not entitled to be released on bail.

6. Learned counsel for the complainant however was not in a position to dispute the fact that civil suits between the parties pertaining to the very land/plots is/are pending before competent civil court and an order to maintain status quo is in force.

7. Heard learned counsel for the petitioners, learned Public Prosecutor and learned counsel for the complainant. Perused the material available on record.

8. Considering the arguments advanced by the counsel for the parties, in the considered opinion of this Court, the offences alleged to have been committed by the petitioners are triable by a court of Magistrate. It is also not in dispute that the civil suit between the parties relating to same property is/are pending. In the considered opinion of this Court, it is not in the interest of justice, that the accused should face trial for indefinite period particularly when, there is no allegation against him that if released on bail, they would interfere with the trial or tamper with the evidence. Looking to the possibility that the trial may take long time to conclude, this Court deems it just and proper to enlarge the petitioners on bail.

9. Accordingly, the bail applications under Section 439 Cr.P.C. are allowed and it is ordered that the accused-petitioners- (i) Sunil Sharma S/o Shri Pawan Kishore Sharma and (ii) Smt. Manju Devi Sharma W/o Late Shri Pawan Kishore Sharma shall be enlarged on bail in connection with FIRs Nos.450/2021 & 154/2023 registered at Police Station Udaimandir, District Jodhpur City (East), provided each of them furnishes a personal bond in the sum of Rs.5