HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Misc. Bail Cancellation Application No. 57/2020

Virendra Prasad Agarwal S/o Late Shri Megraj Agarwal, Aged

About 83 Years, R/o C-9 Jai Jawan Colony-I Tonk Road, Jaipur

----Petitioner

Versus

1.

State Of Rajasthan, Through PP

2.

Satynarayan Gupta S/o Shri Radheshyam Gupta, Age 50

years R/o 1-E 19, Shiv Shakti Colony Shastri Nagar,

Jaipur, Rajasthan

----Respondents

For Petitioner(s)

:

Mr. Deepak Chauhan (Through V.C.)

For Respondent(s)

:

Mr. S.S. Ola, PP

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

04/09/2020

Heard counsel for the petitioner on the cancellation of bail

application. This court while granting the bail to the accused

petitioner on the basis of compromise vide order dated

24.05.2019 passed the following order:-

1.

The present bail application has been filed

under Section 439 Cr.P.C. The petitioner has

been arrested in connection with FIR No. 77/2019

Registered at Police Station Bani Park, Jaipur

Metropolitan for the offence(s) under Sections

420, 406, 467, 468 and 471 IPC.

2. Counsel for the petitioner submits that the

offences alleged against the petitioner are triable

by Magistrate. Counsel further submits that

present matter relates to money dispute between

the petitioner and the complainant. Counsel

further submits that the petitioner and the

complainant have settled their dispute out side

the Court. Counsel for the complainant Shri Mohit

Khandelwal has not disputed the fact of

compromise.

(2 of 2)

[CRLBC-57/2020]

3.

Learned Public Prosecutor has opposed the

bail application.

4. Considering the contentions put-forth by the

counsel for the petitioner and taking into account

the facts and circumstances of the case and

without expressing any opinion on the merits of

the case, this court deems it just and proper to

enlarge the petitioner on bail.

5.

Accordingly, the bail application under

Section 439 Cr.P.C. is allowed and it is ordered

that the accused-petitioner

Satyanarayan

Gupta S/o Shri Radheyshyam Gupta shall be

enlarged on bail provided he furnishes a personal

bond in the sum of Rs. 50,000/- with two sureties

of Rs. 25,000/- each to the satisfaction of the

learned trial Judge for his appearance before the

court concerned on all the dates of hearing as

and when called upon to do so.

Learned counsel for the petitioner submitted that the

accused-respondent No. 2 has neither obeyed the compromise

nor paid a single penny.

In view of the compromise arrived at between the parties,

this court passed the order dated 24.05.2019, and now in the

facts and circumstances of the present case, I am not inclined to

cancel the bail granted to the accused petitioner. Hence this bail

cancellation application is dismissed.

(INDERJEET SINGH),J

ashu /2