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1993 DIGILAW 411 (RAJ)

Dana Ram S/o Ramu Ram v. State of Rajasthan

1993-07-28

RAJENDRA SAXENA

body1993
JUDGMENT 1. - He earlier Perused the case diary of FIR No. 47/1992 Rajasthan State Investigation Bureau, Jaipur and-the challan papers. 2. Petitioner Dana Ram, who was the Administrator of Gram Panchayat, Kanolai, was arrested in this case on 6-11-92 and was remanded to judicial custody on 11-11-92. Co-accused Kana Ram has been granted bail by this Court vide order dated 10-9-92 passed in Cr. Misc. Bail Application No. 1749/92 while another co-accused Jetha Ram. R.A.S. has been bailed out by this Court vide order dated 14-12-92 passed in S.B. Cr Misc. Bail Application No. 2258/92 and co-accused Net Ram was released on bail by the learned Special Judge Anti corruption Cases Bikaner vide his order dated 31-12-92 keeping in view the provisions of Section 167 (2) Criminal Procedure Code because no challan was filed within ninety days after his arrest, After investigation. the Addl. S P., R.S I.B., Jaipur filed charge-sheet against accused Danaram Kana Ram and Net Ram on 2-2-93 and it was specifically mentioned therein that as regards Dana Rani, further investigation in respect of the Pakka construction undertaken by him, has yet to be made. It was also mentioned in the charge-sheet that the specimen/admitted signatures of the accused persons have been taken and those have been sent along-with the questioned documents writings to the Handwriting Expert and that the report of the Handwriting Expert was waited, which shall be filed as and when, received. A perusal of the case diary is that after filing the charge-sheet, no effective steps have been taken by the Investigating Agency for the constitution of an Expert Committee for giving its report in respect of the disputed 'Pakka Construction Works alleged to have been undertaken by the petitioner as Administrator of the Gram Panchayat The investigation is Low pending for procuring the necessary sanction from the State Govt. for attachment of the self acquired property of the petitioner in view of the alleged misappropriation of the amount committed by him. After filing the charge-sheet the trial of the case has also not commenced, as yet. Petitioner is under detention since 7-11-92. All other co accused in this case have already been bailed-out. Further investigation/filing of the supplementary charge-sheet and trial of this case are likely to take considerable time. 3. At present. After filing the charge-sheet the trial of the case has also not commenced, as yet. Petitioner is under detention since 7-11-92. All other co accused in this case have already been bailed-out. Further investigation/filing of the supplementary charge-sheet and trial of this case are likely to take considerable time. 3. At present. there is no allegation against the petitioner that he shall either tamper with the prosecution evidence or will abscond if he is bailed out. Moreover, if any accused misuses the indulgence granted by the Court by granting him bail then his bail can be cancelled in accordance with law. 4. Therefore, keeping in view all the facts and circumstances of the case, I feel inclined to allow this petition and order that petitioner Dana Ram be released on bail if he executed personal bond in the sum of Rs. 4 lacs and furnishes four sound and substantial sureties in the sum of Rs. 1 lac each to the satisfaction of the learned Special Judge, Anti Corruption Cases. Bikaner for his regular appearance before him on each and every date of hearing and whenever ordered to do so. Petitioner Dana Ram shall further given an undertaking in writing that during the trial of this case, he shall not tamper with the prosecution evidence and that he shall not go out of Bikaner District without procuring the previous permission of the learned Special Judge, Anti Corruption Cases, Bikaner.Bail granted. *******