CHETAN SHARMA S/O LATE SHRI SOMDATT SHARMA v. STATE OF RAJASTHAN
CRLMB/1272/2025 · 2025-02-24
Praveer Bhatnagar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4838 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4838 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:8197] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. 2nd Bail Application No.1272/2025 Chetan Sharma S/o Late Shri Somdatt Sharma, Aged About 74 Years, R/o Ram Mohalla, Tiwadiji Ki Haveli Ke Pass, Shahjahanpura, District Alwar At Present Tenant House No. C-18, Arjun Path, New Colony, Police Station Jalupura, Jaipur. (At Present Confined In Central Jail, Jaipur) ----Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Nirmal Solanki, Adv. For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order 24/02/2025
1. The instant second bail application has been filed under Section 483 of B.N.S.S. on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.115/2024, registered at Police Station Jalupura, District Jaipur City (North), for the offence(s) under Sections 420, 467, 468, 471 and 120-B of IPC.
2.
Learned counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this case. It is argued that the accused-petitioner is 74 years old person and languishing in Jail since 30.05.2024. The charge-sheet has already been produced, there are no criminal antecedents against the accused- petitioner and the matter is exclusively triable by Magistrate. It is also argued that the matter was identified by the Rajasthan State
[2025:RJ-JP:8197] (2 of 3) [CRLMB-1272/2025] Legal Services Authority and directed to file the present bail application considering the old age of petitioner. It is also contended that the so called Registry executed in favour of Prem Surana has already been cancelled and the entire amount has been returned to Prem Surana. The accused-petitioner is also ready to handover the possession of the disputed property of the land and further investigation/trial of the case may take considerable time, therefore, the second bail application of the accused-petitioner may be allowed. Learned counsel for the petitioner has placed on record the cancellation deed executed between Prem Surana and Veena Sharma wife of the accused petitioner-Chetan Sharma.
3. Learned Public Prosecutor has vehemently opposed the second bail application.
4. Heard and perused the material available on the record.
5. The first bail application of the petitioner was dismissed by this Court vide order dated 25.11.2024 by a detailed order. The investigation clearly revealed that the petitioner being tenant of the property in collusion with his wife Beena Sharma and with other co-accused Rajesh Goyal, sold the property to Prem Surana, despite the fact that there was already a decree passed for eviction against the petitioner. The accused-petitioner has received huge amount in his joint account. The investigation also revealed that the papers of the disputed property were forged to indicate Beena Sharma as the owner of the property and thereafter the said property was sold to Prem Surana, therefore, considering the above facts, this Court is not inclined to enlarge the accused- petitioner on bail.
[2025:RJ-JP:8197] (3 of 3) [CRLMB-1272/2025]
6. Accordingly, the instant second bail application filed on behalf of the petitioner is hereby dismissed.
(PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /383