LAWS(RAJ)-2015-11-134

KAMLA PAREEK Vs. STATE OF RAJASTHAN

Decided On November 18, 2015
KAMLA PAREEK Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) - This bail application has been filed under Sec. 438 Crimial P.C. against the judgment and order dated 29.7.2015 passed by learned Special Court (Forged Currency Cases) & Addl. Distt. & Sessions Judge, Jaipur Metropolitan, Jaipur whereby he has rejected the bail application of the petitioner.

(2.) Brief facts of the case are that the complainant Mahesh Chand Sharma submitted a complaint before the Rs. Mahesh Nagar, Jaipur (South) stating therein that he had bought plot no. 209, Shree Gopal Nagar, Jaipur by registered sale deed from the petitioner for a consideration of Rs. 50,21,000.00. At the time of said sale-deed, Smt. Kamla Pareek had informed that the plot was without any dispute but it was not so. Hence an FIR bearing No. 254/2013 was registered under Sec. 420, 406 and 120 IPC. In the meantime, when the police had arrested the petitioner, she was produced before the court of CJM Barsat, North 24 Pargana Calcutta, who accordingly vide order dated 21.7.2015 released the petitioner on bail till 30.7.2015 on the condition that on being released on bail she shall surrender before the concerned court at Jaipur positively by 30.07.2015 and a compliance report with regard to her surrender before the concerned court was to be submitted before that court positively by 5.8.2015. The order dated 21.7.2015 is reproduced as under:-

(3.) Although the petitioner was released on bail uptil 30.7.2015 and compliance report was to be submitted by 5.8.2015, but instead of surrendering herself before M.M. No. 30, Jaipur Metropolitan, the petitioner has moved the anticipatory bail before the court below, who vide impugned order dated 29.7.2015 dismissed the same, hence this bail application has been moved.