SUBHASH SHARMA & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is bail applications on behalf of accused-petitioners Subhash Sharma & Banwari Lal under Sec. 439 IPC, who are accused for offence u/Ss.467, 468, 409 and 120B Penal Code in FIR No.314/2005 registered at Police Station Srimadhopur, District Sikar.

(2.) It is contended by Shri Subodh Kumar Sharma son of petitioner-Subhash Sharma that the dispute is on account of the group rivalry in the village and that petitioner is an elected Secretary of the Village Health, Water & Cleaning Samiti of Village Nagar Bhim. When they were removed, they filed writ petition. Coming to know about the same, respondents filed a false criminal case for embezzlement of Rs.49,000.00. They are in jail for last three months. Police filed final report and cognizance was taken on the basis of the protest petition filed by certain villagers. There is no previous criminal case registered against the petitioners.

(3.) Representative of the Public Prosecutor office has opposed the bail application.