BHOLA RAM PATEL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner being aggrieved with the order dated 7.11.2019 passed by the Sessions Judge, Jodhpur Metropolitan, Jodhpur (hereinafter to be referred as 'the Sessions Court') in Criminal Bail Application No. 2334/2019 (in connection of arrest of petitioner in the FIR No. 341/2017 of Police Station Udaimandir, District Jodhpur City East), whereby the Sessions Court has allowed the bail application of the petitioner under Section 439 Cr.P.C. and ordered for releasing him on bail on furnishing personal bond of Rs. 25,000/- along with one surety of likewise amount and on certain conditions. The Sessions Court has further directed the petitioner to get the registered sale-deed executed in favour of the complainant within a period of 15 days from passing of the order. It is also observed by the Sessions Court that if the petitioner fails to get the registered sale-deed executed in favour of the complainant, the complainant has right to move application seeking cancellation of bail granted to the petitioner.

(2.) Learned Counsel for the petitioner has argued that the Sessions Court has erred in imposing the condition of getting register sale-deed executed in favour of the complainant within a period of 15 days from passing of the order impugned. It is submitted that in the impugned order, the Sessions Court has wrongly mentioned that the matter has been compromised between the parties and the petitioner is ready to get registered sale-deed executed in favour of the complainant. Learned Counsel for the petitioner has, therefore, prayed that the condition for getting the registered sale-deed executed in favour of the complainant imposed by the Sessions Court be deleted from the impugned order.

(3.) Learned Counsel for the petitioner has also submitted that the petitioner had not instructed his brother Tulchharam to give such statement before the Sessions Court and his brother gave wrong statement before the Sessions Court.