KUNDAN LAL Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS bail application has been filed against the order dated 19th July, 2010 passed by learned Sessions Judge, Jaipur City, Jaipur in Criminal Misc. Anticipatory Bail Application No. 2969/2010 arises out of the complaint No. 821/2010 for the offence under Section 420 IPC whereby the bail application of the petitioner was rejected. In this case, a complaint was filed by one Lakhan Singh on 16th July, 2007 with the accusation that the accused petitioner had cheated him. The allegation against the petitioner is that while executing an agreement to sell, he had received an amount of Rs. 21,000/ -. The grievance of the complainant is that the accused petitioner failed to get the title of the property transferred in his name. On having considered the complaint and the statement of the complainant under Section 200 Cr.P.C., the learned trial court took cognizance vide its order dated 29th February, 2008 and issued process by way of non bailable warrant, at the first instance. Therefore, the petitioner moved a pre arrest bail application under Section 438 Cr.P.C., before the learned court below.

(2.) THE pre arrest bail application of the petitioner had been dismissed by the learned Sessions Judge, Jaipur City, Jaipur primarily on the ground that in cases where the matters are pending before the court, the provision under Section 438 Cr.P.C. is not applicable. Learned trial court has placed reliance on the case of Jasveer Singh vs. State of Rajasthan : RLW 2009 (3) 1945.

(3.) THE said question, after thoroughly taking into consideration the relevant provision of the Act as well as the case law, the learned Division Bench had answered the question in the following terms: