ABHILASHA KANWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) I have heard learned counsel for the applicants as well as learned Public Prosecutor for the state and carefully gone through the impugned order.

(2.) Learned counsel for the petitioner submits that since Mishri Devi had admitted before the I.O. that she had executed the power of attorney in favour of Gautam Chand Jain, who has said to have sold the property in question by registered sale deed for the consideration of Rs. 7,51,000/-. A copy of the sale deed has been produced for perusal of the Court. Learned counsel for the petitioner also submits that the portion of the hospital covered by the boundary wall in the said disputed premises has not been purchased under the alleged forged power of attorney in which the according to the case of complainant the executor of the power of attorney in favour of Gautam Chand Jain had stated that Mishri Devi had expired, whereas, she was alive at that time. It appears that the petitioner is a bona fide purchaser for consideration under the sale deed and since execution of the power of attorney is admitted by the sons of Mishri Devi, this Court is inclined to grant anticipatory bail to the present petitioner.

(3.) Accordingly, the application filed under Section 438 Criminal Procedure Code is allowed and it is directed that in the event of arrest of applicant namely Smt. Abhilasha Devi by I.O./S.H.O. in connection with F.I.R. No. 147/2009 P.S. Sendra District Pail for the offence under sections 420, 467, 468 and 471 I.P.C., she shall be released on bail provided she executes a personal bond in the sum of Rs. 10000/- and furnishes two sound and solvent sureties in the sum of Rs. 5000/- each to the satisfaction of the concerned Investigating Officer on the following conditions:-