Rajaram Jat vs State of Rajasthan

Mohammad Rafiq, J.—Heard learned Counsel for the petitioner as well as the learned Public Prosecutor and perused the material/case diary made available to me during the arguments of the case.

Contention of learned Counsel for petitioner is that petitioner has been falsely implicated in the present case for various major offences under Sections 420, 424, 403, 406, 467, 471 and 120-B, IPC, whereas it was a simple case in which the petitioner purchased a vehicle i.e. Mahendra Pickup No. RJ-14-GA-0906. The dealer of the Mahendra & Mahendra Company got various papers signed by the petitioner in which he was made to sign loan papers showing that he was advanced a loan for purchase of this vehicle from Mahendra and Mahendra Finance Limited and also took postdated 46 Cheques for Rs. 10,470/- each. Petitioner after having made payment of 11 installments, had the remaining loan amount takenover by another financial company, namely Jain Finance Company, which paid the entire dues of Mahendra and Mahendra Finance Limited and the latter Company released the vehicle from hypothecation and gave a certificate to that effect. Subsequently to the utter surprise of the petitioner it was transpired that very same vehicle has been shown to have been hypothecated with M/s. Cholmandal D.B.S. Finance. If at all any such exercise took place, the petitioner was not aware of the same. Even if was made to sign some documents, the payment thereof was received by the seller of the vehicle and not by the petitioner. The petitioner remained ignorant about this. There is no case of cheating or embezzlement or any loss caused. The money has been received by the dealer of M/s. Mahendra and Mahendra Company and they are liable to refund the same to Cholmandal D.B.S. Finance. The petitioner cannot be put to harassment of arrest for his no fault.

Learned Public Prosecutor opposed the bail application.

Taking into consideration all the facts and circumstances of the case and without expressing any opinion on merits and demerits of the case, I allow this bail application u/s 438 Cr.P.C.

Therefore, the SHO/I.O. Of the Police Station Mahesh Nagar, Jaipur City, is directed that in the event of arrest of the petitioner Rajaram Jat Son of Shri Ramnarayan Jat in FIR No. 154/2010, registered under Sections 420, 424, 403, 406, 467, 471 and 120-B,, he shall enlarge him on bail provided he furnishes a personal bond in the sum of Rs. 30,000/- with two sureties in the sum of Rs. 15,000/- to his satisfaction on the following conditions:

He shall make himself available for interrogation by Investigating Officer as and when required;

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;

He shall not leave India without the previous permission of the Court.

The bail application stands disposed of.