- (1.) The complainant-petitioner has filed this application under Section 439(2) Cr.P.C. with a prayer to cancel anticipatory bail granted to the accused-respondents by the Sessions Judge, Jaipur Metropolitan vide order dated 20.5.2011 passed under Section 438 Cr.P.C. in Criminal Misc. Bail Application No.2514/2011 in respect of FIR No. 170/2010 registered at Police Station Shyam Nagar, Jaipur City (South) for the offences under Sections 420, 467, 468, 471 read with Section 120-B IPC.
(2.) Brief relevant facts for the disposal of this application may be stated as below: (1) The petitioner filed a written report for the aforesaid offences before Police Station Shyam Nagar, Jaipur on 21.5.2010 with the averment that in the year 1987 he purchased Plots No. 18 and 19 in Patel Nagar, Ajmer Road, Jaipur from the Anand Bhawan Housing Cooperative Society Limited, Jaipur through respondent Shri Hanuman Sahay Bagda and a receipt alongwith the allotment letter (Patta) was issued to him and on 8.8.2009 when he visited the site where the aforesaid plots are situated he found some another person in occupation of the same. It was further averred that in the presence of persons named in the report he personally contacted the respondent Shri Hanuman Sahay, he assured him that in lieu of the aforesaid plots he will be allotted plots bearing Nos.99 and 100 on the condition that original Patta and the receipt of the aforesaid plots may be handed over to him and believing the assurance given by the respondent he handed over the original Patta and receipt to the respondent but neither new plots were allotted nor original documents returned to him. It was averred that the respondent Shri Hanuman Sahay dishonestly and by making fraudulent representation induced the petitioner to deliver the original documents of the aforesaid plots and thereby cheated him. On the basis of this written statement, FIR No. 170/2010 was registered at Police Station Shyam Nagar, Jaipur for the aforesaid offences and investigation commenced. (2) During the course of investigation apprehending their arrest the respondents filed Criminal Misc. Bail Application No.2541/ 2011 under Section 438 Cr.P.C. for grant of anticipatory bail before the Sessions Judge, Jaipur Metropolitan, Jaipur and the same was allowed by the learned Court vide impugned order dated 20.5.2011. (3) Feeling aggrieved with the order of anticipatory bail granted to the respondents, the complainant-petitioner has filed this application for cancellation of bail under Section 439 (2) Cr.P.C. on 3.8.2011. It is to be noted that the State Government also filed Application for Cancellation of Ball bearing No.4401/2011 against the aforesaid order before the learned Sessions Judge, but the same was dismissed vide order dated 17.8.2012 without going into the merit only by the reason that the petitioner has already filed the present application for cancellation of the same order and the same is still pending. In that application apart from other grounds. It was stated that the respondents have not complied the conditions imposed by the Court and they have not filed the requisite bail bonds. It was also stated that despite issuance of several notices, the respondents have failed to appear before the investigating officer and they are not cooperating with the investigation. (4) During the course of investigation, necessary evidence was collected by the investigating agency and it was found that apart from respondents one Shri Gajendra Sharma @ Rajendra and Ramesh Kumar @ Kumar @ Ranu are also involved in the incident and all of them are guilty of the charges levelled against them. During investigation accused-Shri Ramesh Kumar @ Ranu was arrested and after investigation charge-sheet No 403/2010 for the offences under Sections 420,406,467,468, 471 read with Section 120B IPC was filed against him in the competent Court while investigation against respondents and one Shri Gajendra was kept pending under Section 173 (8) Cr.P.C. The reason for investigation to be kept pending is that the respondents are absconding and they are not cooperating with the investigation and due to their absence investigation could not be made from them. (5) Co-accused Shri Ramesh Kumar @ Ranu filed an application under Section 437 Cr.P.C. for grant of bail but the same was dismissed by the Additional Chief Judicial Magistrate No.4 Jaipur Metropolitan vide order dated 29.9.2010. The Criminal Misc. Bail Application No.910/2010 filed under Section 439 Cr.P.C. was dismissed by the Additional Sessions Judge No.l, Jaipur Metropolitan vide order dated 6.10.2010 mainly on the ground that some other criminal cases are also pending against the co-accused. (6) Co-accused Shri Ramesh Kumar @ Ranu filed S.B. Criminal Misc. Bail Application No. 1037/2010 under Section 439 Cr.P.C. before this Court, but the same was dismissed as withdrawn by the Co-ordinate Bench vide order dated 22.11.2010. The Second application filed by Shri Ramesh Kumar @ Ranu registered as S.B. Criminal Misc. Second Bail Application No.2255/2011 was allowed by the Co-ordinate Bench vide order, dated 10.3.2011. It is to be noted that alongwith the bail applications Shri Ramesh Kumar filed a document also to support his prayer for grant of bail. (7) Alleging that co-accused Shri Ramesh Kumar has filed a forged document alongwith his bail applications in respect of FIRNo. 170/2010, the petitioner lodged FIR No. 45/2012 at Police Station Sadar, Jaipur for the offence under Sections 420, 467,468,471 read with Section 120B IPC against respondents, Shri Ramesh Kumar and some other persons and presently this FIR is pending investigation. (8) Shri Gajendra Sharma (co-accused in the present case) was arrested in respect of FIR No.45/2012 lodged by the petitioner and ultimately he filed S.B. Criminal Misc. Bail Application No. 11002/2012 before this Court and the same was allowed by the Coordinate Bench vide order dated 12.12.2012. (9) The petitioner has filed S.B. Criminal Misc. (Cancellation of Bail) Application No. 12162/2012 for cancellation of bail granted to the co-accused Shri Ramesh Kumar by the Coordinate Bench vide order dated 16.3.2011 and the same is presently pending for disposal. (10) One Shri Madan Singh also lodged FIR No.292/2007 at Police Station Shyam Nagar, Jaipur against respondents Shri Hanuman Sahay and Shri Babu Lal for the offences under Sections 420, 406, 467,468,471 read with Section 120B IPC. Apprehending their arrest they filed an application under Section 438 Cr.P.C. for grant of anticipatory bail which was registered as Criminal Misc. Bail Application No.2558/2008 and the same was allowed by the learned Sessions Judge, Jaipur City vide order dated 30.7.2008. Feeling aggrieved by this order, Shri Madan Singh filed S.B. Criminal Misc.(Cancellation of Bail) Application No.5973/2008 before this court and the same was allowed by the Coordinate Bench vide order dated 17.12.2008. When even after cancellation of anticipatory bail order, respondents Shri Hanuman Sahay and Shri Babu Lal could not be arrested in respect of FIR No.292/ 2007. Shri Madan Singh moved S.B. Criminal Misc. Petition No.31/2010 under Section 482 Cr.P.C. with a prayer to issue directions for their arrest and the Coordinate Bench vide order dated 25.4.2010 issued necessary directions to the police and in compliance thereof a list of pending criminal cases was furnished showing six criminal cases were pending against the respondents. In the aforesaid case vide order dated 10.2.2011 further directions were also made and in compliance thereof affidavit of a Senior Police Officer alongwith list of FIRs registered against the respondents and a detailed report regarding steps taken by the police to arrest the respondents was filed. In this case respondents-Shri Hanuman Prasad and Shri Babu Lal filed S.B. Criminal Misc. Petition No.206/2011 under Section 482 Cr.P.C. and the Co-ordinate Bench by way of clarification passed an order on 26.9.2011. (11) In the meanwhile the order dated 17.12.2006 passed in S.B. Criminal Misc. (Cancellation of Bail) Application No.5973/2008 whereby the order of grant of anticipatory bail to the respondents Shri Hanuman Sahay and Shri Babu Lai in respect of FIR No.292/2007 was cancelled by the Coordinate Bench, was challenged by the respondent Shri Hanuman Sahay before the Hon'ble Supreme Court in Criminal Misc. Petition No.11 179/2010 and vide order dated 14.5.2010 it was ordered by the Hon'ble Court that the respondent shall not be arrested in respect of FIR No.292/2007.
(3.) The respondents appeared through their respective counsel and sought time to file reply to the application and vide order dated 8.3.2013 one more opportunity was granted for the same but on that counsel for the parties did not appear due to strike. On 29.3.2013 none was present on behalf of the respondents and it was also found that reply has also not been filed on their behalf and, therefore, opportunity to file reply was closed. On 10.4.2013, the date on which arguments on behalf of the parties were heard, it was brought to the knowledge of the court that the respondents have already filed their respective reply on 11.3.2013 but the same was not placed with the file. On inquiry being made it was found the reply has been filed and thereof looking to the fact that it was filed within the time granted by the Court vide order dated 8.3.2013, the same has been taken on record.;