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Sohan Lal vs State on 9 October, 2017

S.B. Criminal Appeal No. 1440 / 2017
Sohan Lal S/o Ram Lal, B/c Kumhar R/o Birmana Tehsil Suratgarh
District Sri Ganganagar. (At Present Lodged in Central Jail Sri

The State of Rajasthan

For Appellant(s) : Mr. J.S. Chaudhary, Sr. Adv for Mr. Aiden
For Respondent(s) : Mr. Pankaj Awasthi
Mr. Nishant Bohra for complainant
Judgment / Order

1. Appellant has preferred this appeal aggrieved by order dated

11.09.2017 passed by Special Judge of SC/ST Cases,

Srigananagar whereby the bail application under Section 439 of

Cr.P.C. was rejected.

2. It is contended by counsel for the appellant that the

appellant is in custody since 4th of September. Complainant himself

has entered into compromise to sell the tractor and has filed a

false complaint against the appellant.

3. It is contended that at the most, the matter falls under

Section 406 I.P.C. which is triable by First Class Magistrate.

4. Counsel for the complainant and learned Public Prosecutor

has opposed the appeal.

(2 of 2)

5. It is contended that the agreement lodged in the written by

the complainant is also forge document for the F.I.R. filed by the

complainant. It is also contended that after purchase of the

tractor, some defect was observed in the tractor and the tractor

was returned to the appellant. Appellant has retailed the tractor

and has disposed the tractor.

6. I have considered the contentions.

7. Considering the contention of counsel for the appellant, I

deem it proper to allow the appeal.

8. This appeal is accordingly, allowed and it is directed that the

appellant shall be released on bail provided he furnishes a

personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand

Only) together with two sureties in the sum of Rs.25,000/-

(Rupees Twenty Five Thousand only) each to the satisfaction of

the learned trial Court with the stipulation that he shall appear

before that Court and any Court to which the matter is

transferred, on all subsequent dates of hearing and as and when

called upon to do so.



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