RIZWANNUDDEEN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS order governs the disposal of second bail application filed under Section 439 of Cr. P. C. by Mr. Mahesh Gupta Advocate on behalf of the applicants pertaining to F. I. R. No. 36/2009 of police station Nahargarh Road, jaipur, in the offences under Sections 420 and 409 of IPC.

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

(3.) LEARNED counsel for the petitioners has canvassed that the police after completion of investigation has filed the charge-sheet in the court, which is now pending trial. He has further contended that a bare perusal of FIR suggests that there has been a continuing business transaction between both the complainant and the accused petitioners party. The charge-sheet has been filed only in the offences under Sections 420 and 120-B of IPC and the offence under Section 408 of IPC has been left out. It is also found that the complainant has already received jewels worth rupees Six lakhs from the petitioners party. The petitioners have been in custody for the last 85 days. If there is any amount outstanding towards them, it shall be cleared after coming out of custody, hence, they may be granted indulgence of bail.