BABU LAL MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel appearing for the applicant, Government Advocate-cum Additional Advocate General for the State, and Mr. Mahendra Gaur, for the complainant.

(2.) The applicant was arrested and is in jail for being an accused in an offence disclosed in FIR No.442/2013 under Sections 420, 467, 468, 471, 384 & 120B of the Indian Penal Code (for short, 'IPC'), on the allegations that despite being Meena by caste, and suffering the disability of selling the land to any person, except a person who is by caste Meena, he entered into a Memorandum of Understanding (MOU) for sale of 60 to 70 bighas of land gradually, for which he executed sale deeds and accepted a huge amount in advance. He had full knowledge that he could not have sold the lands to the complainants, who do not belong to Scheduled Tribe. An attempt was alleged to have been made by the accused alongwith Counsel engaged by the complainant, who was also an accused in an offence for receiving money in advance, for which he had no right to sale, in view of the restriction under Sec. 42(b) of the Rajasthan Tenancy Act.

(3.) An FIR was registered by the Anti Corruption Bureau(ACB) for making an attempt to bribe the Patwari, to carry out mutations, of the land, which was illegally sold by the accused and other accomplices to the complainant, and for which, the accused was arrested and sent to jail on 25.07.2013. He is in jail since thereafter. The High Court rejected the bail application, on which the Supreme Court and the ACB granted bail to Babu Lal Meena and Shankar Lal Meena, with certain conditions.