CRLMB/16465/2016 of RAMESH KASOTIYA Vs STATE OF RAJASTHAN THROUGH PP on 22 December 2016

O R D E R

S.B. Criminal Miscellaneous Bail Application No.16465 of 2016Ramesh Kasotiya son of Hanuman Sahay KasotiyaVERSUSState of Rajasthan through P.P.

Date of Order ::: 22.12.2016

Hon'ble Mr. Justice Kanwaljit Singh Ahluwalia Mr. Ram Manohar Sharma, Counsel for the petitionerMr. Aladeen Khan, Public Prosecutor for the State ***

Instant application has been preferred under Section 439 of Code of Criminal Procedure, 1973 for grant of regular bail tothe petitioner in a case arising out of First Information Reportbearing No.376/2015 registered at Police Station Kardhani, Jaipurfor offences punishable under Sections 420, 406 and 120-B of IndianPenal Code.

The learned counsel appearing for the petitioner hassubmitted that it is alleged by the complainant that the petitionerreceived Rupees One Lakh as earnest money, out of total saleconsideration of Rupees Four Lakhs, in pursuance of an agreement tosell. Counsel has further submitted that the complainant has made agrievance that the petitioner having received earnest money has notexecuted sale-deed in his favour.

Counsel contends that the petitioner is in custody since28.11.2016.

Considering that the period of Police remand is alreadyover, the petitioner is in judicial custody and it is a case of magisterial ashok/

trial and the trial of the case will take long time to conclude, thisCourt is of the view that continuous detention of the petitioner, as anunder trial is not warranted.

Consequently, the present application is accepted and the petitioner is ordered to be released on bail during the pendency ofthe trial, to the satisfaction of the trial Court.

[ Kanwaljit Singh Ahluwalia ] J.