1 S.B.CRIMINAL MISC. BAIL APPLICATION NO.240/2008 (Prem Singh vs. State of Rajasthan) DATE OF ORDER : February 04, 2008 HON'BLE MR.H.R.PANWAR,J. Mr.B.S.Rathore, for the petitioner. Mr.J.P.S.Choudhary, Public Prosecutor for State. Heard learned counsel for the petitioner as well as the Public Prosecutor for the State. Perused the order impugned and the police investigation diary. It is contended by the learned counsel for the petitioner that the petitioner has purchased the land from co-accused Devi Singh for a valuable consideration of Rs.2,00,000/-. It is further contended by the learned counsel for the petitioner that there is no allegation of forging of power of attorney against the petitioner. If at all there is allegation, it may be against co- accused Devi Singh, who sold the land for a valuable consideration. Learned Public Prosecutor submits that at one point of time, the police kept the investigation in abeyance because the FSL Report was not received, however, the police again proceeded with the matter. According to the learned Public Prosecutor, the FSL Report has not been received. Specimen of 2 signature of Devi Singh has been sent for opinion of handwriting expert. Learned counsel for the petitioner submits that a sum of Rs.2,00,000/- has been paid to vendor Devi Singh before the Sub-Registrar (Second), Jodhpur at the time of getting the documents registered. Having regard to the facts and circumstances of the case and the fact that the petitioner is said to have purchased the land for a valuable consideration and there being no allegation of forging of power of attorney against him as is evident from the case diary and such allegation is only against co-accused Devi Singh and the fact that the case of the petitioner is distinguishable from that of co-accused Devi Singh, I consider it just and proper to grant anticipatory bail to the petitioner. Accordingly, the bail application filed by the petitioner under section 438 Cr.P.C. is allowed and it is directed that in the event of arrest of petitioner Prem Singh s/o Devi Singh in CR. No.490/2007, P.S. Mahamandir, Jodhpur he shall be released on bail for a period till the police concludes the investigation and files the challan provided he furnishes a personal bond in the sum of Rs.10,000/- along with one surety of like amount each to the satisfaction of Investigating Officer to surrender and appear before the trial court on the date of filing of the challan 3 after conclusion of the investigation on the following conditions:- (i)That he shall make himself available for interrogation by a police officer as and when required; (ii)That he shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer and; (iii)That he shall not leave India without the previous permission of the Court. The petitioner shall surrender before the trial court on the date of filing of the challan. (H.R.PANWAR),J. m.asif/-