SANJAY KALRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE accused -petitioner has moved this fourth application for grant of bail under Section 439 read with Section 437(6) Cr.P.C. in respect of FIR No. 583/2011 registered at Police Station JDA, Jaipur for the offences under Sections 420, 467, 468, 471 read with Section 120 -B IPC. The allegation against the petitioner and the co -accused is that they entered into criminal conspiracy and in pursuance to the same prepared a forged and fabricated agreement to sell dated 14.7.2008 regarding agriculture land standing in the name of the complainant and on that basis by filing a suit claimed that the complainant agreed to sell the land in dispute to the petitioner in lieu of sale consideration and also received part payment of the same as advance. It is to be noted that after investigation charge -sheet has already been filed against the petitioner and co -accused for the aforesaid offences and after framing of charges statements of as many as eight prosecution witnesses have already been recorded. The first application filed by the petitioner for grant of bail was dismissed by this Court on merit vide a reasoned order dated 26.6.2012 whereas the second application was dismissed vide order dated 4.4.2013. Vide order dated 17.9.2013, the third application filed by the petitioner was allowed and he was ordered to be released on interim bail for a period of 15 days. It is also to be noted that as per FSL report the disputed agreement to sell does not bear the signatures of the complainant. The application for grant of bail filed by the petitioner under Section 437 Cr.P.C. has been dismissed by the trial Court vide order dated 20.1.2015. It appears that the petitioner has directly come to this Court without pursuing the remedy of bail under Section 439 Cr.P.C. before the concerned Sessions Judge.

(2.) IN support of the application, learned counsel for the petitioner submitted as below: -

(3.) ON the other hand, learned Public Prosecutor controverting the submissions made on behalf of the petitioner submitted as below: -