AMIT SOGANI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant bail application has been filed under Sec. 439 Cr.P.C. on behalf of the petitioner, who has been arrested in connection with FIR No. 419/2019 registered at Police Station Shipra Path, District Jaipur City (South) for offences under Ss. 420, 406, 467, 468, 471 and 120-B of IPC.

(2.) It is contended by Counsel for the petitioner that petitioner has falsely been implicated in the case. Learned Counsel submits that alleged offences are triable by Magistrate. He further submits that with regard to property in question, three different FIRs have been lodged in the same Police Station. In FIR No. 246/2020, petitioner has already been granted bail by the Co-ordinate Bench of this Court. He further submit that quasl-judical proceedings were also initlated before the Deputy Registrar, Co-operative Societies under Sec. 58 of the Rajasthan Co-operative Societies Act, in which Sub-Registrar, Co-operative Societies categorically stated in its judgment that Shankar Singh and Nitin Mishra are the owners of the disputed property. It is further submitted that all the three persons who lodged three different FIRs were party in these proceedings. Learned Counsel contends that except in these three cases, no other case has been registered against the petitioner. Petitioner is in custody since his date of arrest and his further custody is not warranted for any fruitful purpose.

(3.) Learned Public Prosecutor assisted by learned Counsel for the complainant vehemently opposes the bail application and submits that order passed by Sub-Registrar, Co-operative Societies is under challenge before the appellate authority, however, no stay is operating in appeal. It is further submitted that two other cases have been registered against the petitioner and he is a habitual offender, thus, bail should not be granted to the petitioner.