RAJARAM JAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the Court:- Heard learned counsel for the petitioner as well as the learned Public Prosecutor and perused the material/case diary made available to me during the arguments of the case. Contention of learned counsel for petitioner is that petitioner has been falsely implicated in the present case for various major offences under Sections 420, 424, 403, 406, 467, 471 and 120-B, IPC, whereas it was a simple case in which the petitioner purchased a vehicle i.e. Mahendra Pickup No.RJ-14-GA-0906. The dealer of the Mahendra & Mahendra Company got various papers signed by the petitioner in which he was made to sign loan papers showing that he was advanced a loan for purchase of this vehicle from Mahendra and Mahendra Finance Limited and also took postdated 46 Cheques for Rs.10,470/- each. Petitioner after having made payment of 11 installments, had the remaining loan amount takenover by another financial company, namely Jain Finance Company, which paid the entire dues of Mahendra and Mahendra Finance Limited and the latter Company released the vehicle from hypothecation and gave a certificate to that effect. Subsequently to the utter surprise of the petitioner it was transpired that very same vehicle has been shown to have been hypothecated with M/s. Cholmandal D.B.S. Finance. If at all any such exercise took place, the petitioner was not aware of the same. Even if was made to sign some documents, the payment thereof was received by the seller of the vehicle and not by the petitioner. The petitioner remained ignorant about this. There is no case of cheating or embezzlement or any loss caused. The money has been received by the dealer of M/s. Mahendra and Mahendra Company and they are liable to refund the same to Cholmandal D.B.S. Finance. The petitioner cannot be put to harassment of arrest for his no fault.

(2.) Learned Public Prosecutor opposed the bail application.

(3.) Taking into consideration all the facts and circumstances of the case and without expressing any opinion on merits and demerits of the case, I allow this bail application under Section 438 Cr.P.C.