CRLMB7096/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.7096/2010 Sukhram Saini Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 05.08.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Madhav Mitra, Counsel for petitioner Shri Amit Punia, Public Prosecutor Shri Sanjay Singhal, Counsel for complainant #### By the Court:- Heard learned counsel for petitioner, learned Public Prosecutor as well as learned counsel for complainant and perused the material made available to me during the arguments of the case. Contention of learned counsel for petitioner is that the while dispute is as to which part of land is in whose share; the petitioner and the complainant are ancestors of a common family and that it is alleged that the petitioner executed an agreement to sell of 1 bigha and 16 biswa of land in favour of one Sitaram Son of Lada Ram on 14.05.2003 whereas he had no authority to sell that part of land which was in the share of complainant. FIR was lodged with delay of seven years. It is, therefore submitted that the dispute is about excess 5 biswa of land whereas the complainant herself had sold that land to very same Sitaram. Petitioner is 75 years of age. Learned counsel for complainant opposed the bail application and submitted that allegation that complainant had earlier sold the land to Sitaram is not correct and this fact came to the notice of the complainant during the proceedings of the present CRLMB7096/2010 // 2 // bail application before the Court below and that the FIR in the present bail application was lodged with delay when it came to their notice. Learned Public Prosecutor also opposed the bail application. After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits and having regard to the nature of dispute and the delay in lodging the FIR and the fact that the petitioner is 75 years of age and both the parties are related to each other, I deem it just and proper to release the accused-petitioner, namely, Sukhram Saini Son of Shri Chotu Ram Saini on bail under Section 439 Cr.P.C., in FIR No.161/2010, Police Station Brahampuri, Jaipur City, Jaipur for offence under Sections 420, 406, 467, 468, 471, 323, 341, 447, 504, 506 and 120B IPC, provided he furnishes a personal bond in the sum of Rs.30,000/- with two sureties of Rs.15000/- each to the satisfaction of the trial court for his appearance on all subsequent dates of hearing and as and when called upon to do so. The bail application stands disposed of. (Mohammad Rafiq) J. //Jaiman//