BABULAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is bail application on behalf of accused-petitioner Babulal under Section 439 IPC, who is accused for offence u/S.420 IPC in FIR No.269/1991 registered at Police Station Gangapur City, District Sawai Madhopur. Shri Ratan Chopra son of accused petitioner submits that petitioner has been arrested in an old case of 1991, whereas the main allegation by the complainant firm M/s.Rewadmal Kailashchand is against one Praveen Bhai and it is alleged that a broker Jagdish Narain at Jaipur telephoned the said firm that Praveen Bhai would come to Gangapur City and that at his instance the said firm dispatched two trucks of mustard to be delivered to M/s.Narbada Processors Narbada Agro Industries at Bharoch on the promise that on delivery of the goods, the payment shall be made by draft. It is contended that earlier in 2003, two complaints u/s.138 of the Negotiable Instruments Act were filed by the complainant party against Praveen Bhai and others in which, petitioner was also an accused but eventually matter was compromised between the parties and complainant expressed before the court on 9/12/2004 that he does not want to continue the complaint and accordingly, two complaints No.229/1992 and 230/1992 were dismissed as not pressed. He has produced photocopies of the certified copy of the those two complaints, which are taken on record. It is argued that petitioner is not brother of Praveen Bhai but is brother of Vikram Bhai. For that reason, he cannot alone be made an accused. Petitioner is in jail for last more than one month. Petitioner is aged 60 years. The incident is of the year 1991. Petitioner is prepared to face the trial. There is no other criminal case registered against the petitioner. There is no chance of his fleeing from justice. Trial may take long.

(2.) REPRESENTATIVE of the Public Prosecutor office has opposed the bail application.