Bhagwati Devi And Ors vs State, Through P.p.

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioners who are in custody in connection with F.I.R.

No.47/2020, Police Station- Kotwali District Pali for the offences under Sections 420, 465, 467, 468, 471 and 120-B of IPC.

Heard learned counsel for the petitioners, learned Public Prosecutor and learned counsel for the complainant. Perused the material available on

record.

It is submitted by learned counsel for the petitioners that for the similar set of facts, a civil suit for specific performance is pending consideration

before the civil court. In the present case, whatever amount was due to the complainant has been repaid by the petitioners. He further submits that the

original papers of the subject property in question are still held by the petitioners as the amount due to the complainant has already been repaid.

Therefore, it is prayed that the petitioner may be enlarged on bail.

The learned Public Prosecutor opposes the bail. Learned counsel for the complainant vehemently opposes the bail.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the bail

application filed by the petitioners deserves to be accepted.

Consequently, the bail application is allowed. It is ordered that the accused-petitioners Bhagwati Devi W/o Mahendra Mali & Mahendra Mali S/o

Sohan Lal arrested in connection with F.I.R.No.47/2020, Police Station- Kotwali District Pali shall be released on bail; provided they furnish a

personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) each with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only) each to

the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.