MAGHA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present petitioner vide order dated 30.03.2013 was granted bail under Section 439 Cr.P.C. by Sessions Judge, Bikaner. While granting bail, the Court below had imposed a condition that the present petitioner shall get the forged sale-deed registered at his instance annul ed and shall further execute a sale deed in favour of the legal heirs of Kalu Ram. In the present petition, notice was issued to respondent nos. 2 to 13. Office has reported that respondents have been served. Nobody has caused appearance for respondent nos. 2 to 13.

(2.) Counsel for the petitioner submits that the condition imposed by the Court granting bail is onerous and the Court cannot impose condition, which will determine the litigation without affording proper opportunity to the parties in accordance with the provisions of law. It is further submitted that since petitioner has not executed sale-deed in favour of respondent nos. 2 to 13 he continue to be behind the bars even after passing of order dated 30.03.2013 the day when the conditional bail was granted.

(3.) After hearing learned counsel of the petitioner and counsel for the State, the order granting bail is modified and the condition whereby petitioner was asked to annul the sale-deed and execute a fresh sale deed in favour of legal heirs of Kalu Ram is waived.