MOHAN LAL MACHIWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a fourth bail application by the accused Petitioner under Section 439 Code of Criminal Procedure The first bail application filed by the accused Petitioner No. 4803/2009 was withdrawn and the same was dismissed as withdrawn on 9.7.2009. The second bail application No. 7053/2009 was rejected by this Court on 14.9.2009 by a detailed order. Third bail application moved by the accused Petitioner No. 1128/2010 was also dismissed as withdrawn on 24.2.2010. Thereafter this fourth bail application has been submitted.

(2.) Brief facts giving rise to this fourth bail application are that the accused Petitioner associated with other co-accused persons, hatched a conspiracy and grabbed Rs. 54,20,000 of the complainant. The accused Petitioner introduced one Rajeev Tripathi as Ramchandra Saini while opening back account in SBBJ Gandhi Nagar, Jaipur. For the agreement for sale of land the complainant has neither been given any land nor his money has been returned. The Petitioner alongwith co-accused are the land grabbers.

(3.) Ms. Arti Sharma, learned Counsel for the accused Petitioner contended that the accused Petitioner is in judicial lock up since May 2009. The offence levelled against the accused Petitioner is for the offence under Sections 420, 467, 471 and 120B IPC, The alleged offence is triable by the First Class Magistrate and the other co-accused has been released on bail. The Petitioner is suffering from cardiac problem, hence he should be released on bail.