GAYASUDDIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This order governs the disposal of bail application filed under Sec. 439 of Crimial P.C. by Shri Mahesh Gupta, Advocate on behalf of the petitioner pertaining to F.I.R. No. 36/2009 of Police Station Nahargarh Road, f District Jaipur in the offences under Sections 420 and 409 iPC.

(2.) Heard the learned counsel for the petitioners and the learned I counsel for the complainant as also the learned Public Prosecutor appearing I for the State and perused the material on record.

(3.) Learned counsel for the petitioners has contended that there had been some business transaction between the complainant and the accused party. There was sale and purchase of the precious stones between them one sound faith and proper understanding. On account of some misunderstanding, a dispute arose between them and the complainant party, with a view to wreak vengeance, has lodged a forged report against them So far as the receipt of Rs. 35 lacs, is concerned, there is no evidence on record, which may evidence that this amount was paid by the complainant to them. The petitioners are innocent and they have not committed any offence of forgery or criminal breach of trust, and they deserve to be granted the indulgence of bail.