OMPRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These applications have been filed seeking cancellation of bail extended to the accused respondents by this Court vide order dated 24.01.2020.

(2.) Drawing attention of this Court towards the order dated 24.01.2020, learned counsel for the petitioner contended that the accused respondents were extended benefit of bail on the undertaking furnished by them to execute and register sale deed in his favour in pursuance of agreement to sale dated 16.06.2014 and 07.12.2016 within a period of one month from the date they are released from custody. He submitted that it was specifically stipulated in the order extending benefit of bail that failing compliance, the benefit of bail shall stand cancelled automatically. He submitted that on an application moved by the applicant- respondents, this Court was pleased, vide order dated 08.07.2020, to extend the time upto 31.07.2020 to execute and register the sale deed in his favour. He submitted that till date, the accused respondents have not complied with the condition on which they were extended benefit of bail and hence, the benefit of bail extended to them may be cancelled.

(3.) The accused respondent No.2 fairly admitted that the respondents have not executed registered sale deed in favour of the complainant; however, he tried to justify the same stating that the entire sale consideration was already refunded to the petitioner prior to passing of the order dated 24.01.2020. He, therefore, prayed for dismissal of the application seeking cancellation of the bails.