This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.36/2023 registered at Police Station Prasad, Dist. Udaipur, for the offences under Sections 420 and 120-B of IPC.

Learned counsel for the petitioner submitted that as per the prosecution, the petitioner Rajendra Kalal is son of one Shri Dalchand Kalal who is a mortgagee of the disputed property. The petitioner despite having full knowledge that he is not the real owner of the property got the lease-deed and patta executed and issued in his favor, merely on the basis of uninterrupted possession. Learned counsel for the petitioner submitted that the (2 of 3) [CRLMB-12527/2024]

offences alleged to have been committed by the petitioner are triable by Court of Magistrate.

Learned counsel submitted that the investigation against the petitioner has already been completed; challan has been filed before the competent criminal Court; the petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-

petitioner.

Per contra, learned Public Prosecutor and learned couns