IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. Bail Application No. 6675/2009 Manna vs. State of Rajasthan Dated : 04.09.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. R.P. Kuldeep, for the petitioner. Mr. Amit Punia, Public Prosecutor for the State. Mr. Raj Kumar Sharma, for the complainant. This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Shri R.P. Kuldeep Advocate on behalf of the applicant Manna pertaining to F.I.R. No. 223/2009 at police station Muhana, Jaipur City (East), in the offences under Sections 420 and 120-B of IPC. 2. Heard the learned counsel for the petitioner, learned counsel for the complainant as also learned Public Prosecutor appearing for the State and perused the relevant material available on record. 3. Learned counsel for the petitioner has canvassed that he has been falsely implicated. In fact, he had given a power of attorney to Budhram, who had also sold his land and the petitioner had no knowledge thereof. Even if there is a second sale of same land, the first sale can be got cancelled by way of filing a civil suit. It is a case of civil nature, hence, the petitioner may be granted indulgence of bail. 4. Learned counsel for the complainant as also learned Public Prosecutor appearing for the State have vehemently opposed the bail application primarily on the ground that the petitioner is evinced to be a cheat as he executed first agreement to sale in favour of the compl on 27.04.2006 and obtained Rs. 6.5 lakhs in consideration. Thereafter, he executed one power of attorney in favour of Budhram who sold the same land to Ramesh Sharma by way of registered sale deed in September, 2006 and obtained Rs. 9 lakhs as consideration. This land is found to have been sold on 28.6.2006 to Manju Dhanka also for a consideration of Rs. 1.5. lakhs. Thus, the petitioner sold one land to three persons and committed cheating, hence, the bail petition may be dismissed. 5. Having considered the submissions made at the bar and scanned the relevant material on record, I, without expressing any opinion on the merits of the case, do not feel inclined to grant bail to the petitioner and the same deserves to be dismissed. 6. In the result, the bail petition filed under Section 439 of Cr.P.C. on behalf of the accused-petitioner Manna stands dismissed. (MAHESH BHAGWATI),J. Mak/-