ISHWAR LAL SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material/record of the case made available to me during arguments of the case.

(2.) Learned counsel for the petitioner submits that the from the FIR itself, it is clear that the so called transaction took place on 7.2.1994 and final settlement with Ashok Kumar took place on 17.1.1995. Thereafter, there was no allegation that the petitioner did not execute the sale-deed in favour of the complainant. He further submits that the present FIR has been lodged by the complainant party on 6.3.2005 only for the reason that the petitioner filed a written report dated 11.2.2005 against the complainant party.

(3.) Taking into consideration all the facts and circumstances of the case of and without expressing any opinion into the merits and demerits of the case, I am inclined to allow the bail application of the petitioner under Sec. 438 Cr.RC.