CRLMB6509/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.6509/2010 Satyanarain Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 22.07.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Vijay Singh Shekhawat, Counsel for petitioner Shri Amit Punia, Public Prosecutor #### By the Court:- Heard learned counsel for petitioner as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case. Contention of learned counsel for petitioner is that the alleged offence under Sections 420, 467, 468, 471 and 120-B, IPC is not at all made out against the accused-petitioner on the facts disclosed in the complaint, on the basis of which the FIR has been registered. What is alleged against the petitioner is that he withdrew the amount of provident fund deposited in the joint bank account of his and himself, which amount was received in lieu of the service rendered by petitioner's deceased mother, who was serving in the M.G.D. School. It is contended that petitioner's mother and father, in their respective will, had bequeathed the entire amount to the petitioner and genuineness of the will is not in dispute. There arose a dispute between the brothers and one of his brothers filed a complaint against the petitioner. The petitioner was arrested on 20.06.2010 and investigation is almost complete. There is no previous case registered against him. Learned Public Prosecutor opposed the bail application but does not dispute the factual CRLMB6509/2010 // 2 // contents of submissions above. After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I deem it just and proper to release the accused-petitioner, namely, Satyanarain Son of late Narain on bail under Section 439 Cr.P.C., in FIR No.164/2010, Police Station Shastri Nagar, Jaipur under Sections 420, 467, 468, 471 and 120-B, 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//