RAM SINGH SISHODIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned Public Prosecutor assisted by learned counsel for the complainant and also perused the material on record.

(2.) The petitioner apprehends his arrest in connection with FIR No. 19/2012 of Police Station Heeranmagari, District Udaipur for the offences punishable under Ss. 420, 467, 468, 471 and 120-B IPC. He has preferred this anticipatory bail application under Sec. 438 Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that the allegation levelled in the complaint against the petitioner is to the effect that he being Secretary of Krishi Upaj Mandi, Udaipur in the year 2011 illegally executed a lease-deed in favour of the accused persons despite objections were raised on behalf of the complainant. It is argued that the petitioner issued lease-deed in favour of the accused persons on the basis of documents submitted by them. It is also submitted that the petitioner was not aware that the documents submitted by the accused persons were forged. Learned counsel for the petitioner has submitted that whatever the action had been done by the petitioner was done bonafidely and there was no intention on his part to cheat anyone. It is submitted that there is no iota of evidence collected by the police during the course of investigation that the petitioner entered into a criminal conspiracy with the other accused persons. Learned counsel for the petitioner has informed this Court that pursuant to the direction given by a Coordinate Bench of this Court on 13/6/2019, the petitioner has already joined the investigation and interrogation from him has already been done. It is submitted that in the facts and circumstances of the case there is no requirement of custodial interrogation from the petitioner, therefore, he is entitled to be granted benefit of anticipatory bail.