SITA RAM MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both these petitions arise out of same FIR and against a common order, therefore, they are being disposed of together.

(2.) These misc. petitions have been filed by the accused petitioners challenging the order dated 7th November, 2008, whereby the Learned Additional Sessions Judge No. 4, Jaipur City, Jaipur has granted bail to the petitioners under Sec. 439 Cr.P.C, with the condition that apart from furnishing bail bonds to the tune of Rs. 25,000/-, the accused persons shall deposit in the trial Court a sum of rupees 11 lacs within 7 days and the said amount shall be returned to the complainant. Further, it has been ordered that on failure to deposit the amount within the time granted then the order of bail shall stand cancelled.

(3.) A criminal complaint was filed by Gopal Dhakar in the Court of ACJM No. 17, Jaipur City, Jaipur, with the averments that he had given an advance payment of rupees eleven lacs as a part payment for purchase of a land. The complaint was sent to the police under Sec. 156(3) Cr.P.C, and an FIR (176/08) was registered under section 406 and 420 IPC, against six persons. Thereafter, the petitioners were arrested and by the order impugned the application for bail was allowed.