Advocates:
['SHREE KANT VERMA', '', 'ANJALI KAUSHIK', 'PRITAM JOSHI', 'RAMAWATAR SINGH', '', 'JASSA RAM', 'JAI KISHAN', 'SUMER SINGH GOUR']

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[CRLMB-10080/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Misc. Bail Application No. 10080/2021

Multan Singh S/o Sh. Badarram, Aged 60 Years, R/o Uchiyada

Bera, Pipar City District Jodhpur.

(Presently Lodged At Jodhpur Jail).

----Petitioner

Versus

State of Rajasthan through PP

----Respondent

For Petitioner(s)

:

Mr. Shree Kant Verma

For Respondent(s)

:

Mr. Vikram Sharma, P.P.

Mr. Jai Kishan for the complainant

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

05/08/2021

The present second bail application has been filed under

Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial

custody in connection with F.I.R. No. 185/2021, Police Station

Udaimandir, District Jodhpur, registered for the offences under

Sections 420, 467, 468, 471 and 120-B of the Indian Penal Code.

Heard and considered the arguments advanced by the

learned counsel for the petitioner and learned counsel for the

complainant as well as learned Public Prosecutor. Perused the

material available on record.

Learned counsel for the petitioner stated that the offences

are triable by the Magistrate; complaint has been registered only

on the basis of this allegation that date of death of petitioner’s

father in the death certificate was mentioned as 04.10.2007 and

subsequently date in death certificate was changed to 04.10.2009

with the intention to take succession certificate; civil dispute is

pending between the parties; accused-petitioner and complainant

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[CRLMB-10080/2021]

are relative; no investigation or recovery is pending against the

accused-petitioner. With these submissions, learned counsel for

the petitioner prayed that the benefit of bail may be granted to

the accused-petitioner.

Per contra, learned Public Prosecutor and learned counsel

appearing for the complainant have opposed the bail application of

the accused-petitioner and stated that with intention to take

succession certificate and to bring himself within limitation, fake

documents have been made by the accused-petitioner; accused-

petitioner has previously been convicted in two cases.

Having regard to the facts and circumstances of the case,

particularly to the fact that offences are triable by the First Class

Magistrate; civil dispute is pending between the parties and

further investigation and trial will take sufficiently long time,

therefore, without expressing any opinion on the merits/demerits

of the case, this Court is of the opinion that the bail application

filed by the petitioner deserves to be accepted.

Consequently, the second bail application is allowed. It is

ordered that the accused-petitioner Multan Singh S/o Sh.

Badarram, arrested in connection with F.I.R. No. 185/2021,

Police Station Udaimandir, District Jodhpur, shall be released

on bail, if not wanted in any other case; provided he furnishes a

personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/-

each to the satisfaction of the learned trial Court with the

stipulation to appear before that Court on all dates of hearing and

as and when called upon to do so.

(DEVENDRA KACHHAWAHA),J

85-/Akshay/-