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1994 DIGILAW 606 (RAJ)

CHANDRA PRAKASH v. STATE OF RAJASTHAN

1994-08-08

N.L.TIBREWAL

body1994
Judgment N. L. TIBREWAL, J. ( 1 ) THE petitioner has moved this bail application under section 439 Cr. P. C. He has been arrested in Crime No. 318/94, registered at Police Station, Katwali, Jaipur for the offences punishable under Sections 365,347,453, 380,467 and 471 IPC. The petitioner is now in judicial custody. ( 2 ) THE Criminal Case was registered on the basis of a Parcha Bayan of one Swaroop Narain son of Shri Narain, aged 70 years, dated 19. 7. 1994 recorded by the Police on a complaint made by public spirited citizens in relation to unauthorised and illegal possession on a public land, details of which were given in the complaint. ( 3 ) SWAROOP Narain in his statement narrated the story as to how the public land of a Nahra being No. 453, situated at Chowkri Mcdi Khana, Rasta Nataniyan, Jaipur was forcibly and illegally occupied by the petitioner and his men under threat at the point of revolver. The statement reveals that a racket of TGunda personst is actively functioning in the city and their object is to occupy public lands and other properties by show of force. They also get forged documents executed in connivance with public officers and on the basis of those documents, they create false title with regard to the land or property. His statement further shows that complaints were made time and again to the local police, but no action was taken against the miscreants and they were allowed to function and carry out their anti-social activities. With regard to the land in question, which is a public land and was so declared in the Notification issued by the Collector (Government Properties) vide Circular RG. (5)87/625 dated July 7, 1987 published in Rajasthan Rajpatra, dated 27th August 1987 under Section 6 of the Rajgami Sampatti Adhiniyam (Government Properties Act, 1956), a complaint was made at Police Station, Kotwali, Jaipur as back as on August 18, 1986, However, no action was taken in the said report. Again a complaint was made on 22. 8. 1986 to the S. P. Jaipur, but no action was taken on that report also. Again a complaint was made on 22. 8. 1986 to the S. P. Jaipur, but no action was taken on that report also. When the Police neither provided any protection to the complainant nor took any action against the miscreants, the informant and his sons felt themselves helpless and unsecured and succumbed to the pressure of the petitioner and his persons, the informants son Suresh Chand put his signatures on some plain papers under threat and the miscreants forcibly occupied the Nohra and misappropriated the goods lying on it. Then a commercial complex was constructed on the said public land. Not only this a sale-deed was got executed from one Jaswant Singh in favour of one Babu Lal Mawewala and the same was got registered in the knowledge of the Revenue Officers. ( 4 ) THE facts narrated in the statement of Shri Swaroop Narain are shocking. It is indicative of the fact that the land grabbers and persons engaged in forcibly dispossessing the persons from premises and illegally occupying the same have been actively functioning in the city and it also appears that they have been getting protection from the local police and government servants. Such racket of land grabbers cannot develop and function, if timely stem action is taken against them by the law enforcing agency. A third agency is also developing in the city, which has become very active these days, who get the shops and houses vacated for others on payment basis. If this condition continues to prevail, the property of none is safe, less to say about the Government properties, which is always taken as Tno mants property by the custodians who are responsible to look after and maintain the same. It is, therefore, necessary that not only these land grabbers and forcible occupiers of the premises are handled with an iron hand, strict action is also required to be taken against the erring police and administrative officers who deliberately assist them by their act of commission and omission. The present case is one of that type and it requires deep investigation upto the bottom so that not only the land grabbers, but the Police Officers and Administrative Officers who assisted them by their act or conduct are also brought to book. The present case is one of that type and it requires deep investigation upto the bottom so that not only the land grabbers, but the Police Officers and Administrative Officers who assisted them by their act or conduct are also brought to book. It is good that the present Director General of Police has initiated a campaign against these anti-social elements, but it needs a constant vigil. In order to expedite the investigation it is necessary that special teams of investigating agencies are constituted for this purpose consisting of responsible investigating officers having high calibre and integrity. ( 5 ) SO far as the bail application of the petitioner is concerned, suffice it to say that the incident relates to this year 1986-87 and the arrest of the petitioner is no more required for investigation purposes. I have been informed that in all other cases pending for investigation he has been released on bail. Intensive investigation of the case is likely to take time. Hence, keeping in view the accepted judicial principles in relation to bail, the petitioner has to be released on bail and consequently, he is ordered to be released on bail on certain conditions, though I am reluctantly passing this order. It is, therefore, ordered that the petitioner Chandra Prakash Chandu shall be released on bail provided, he furnishes personal bond in the sum of Rs. 50,000/- with two sureties in the sum of Rs. 25,000/- each to the satisfaction of the trial Court for his appearance in that Court on all subsequent dates of hearing and as and when he is called upon to do so. ( 6 ) THE bail shall be subject to following conditions: (1)That the petitioner shall not leave the State of Rajasthan without prior permission of the trial Court; (2) That he or his men shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with, the facts of case so as to dissuade him from disclosing such facts to the Court or to any Police Officer; (3) That he shall not repeat any similar offence in future. (4) That he shall make himself available to the investigating agency for further investigation or interrogation, if so required. (4) That he shall make himself available to the investigating agency for further investigation or interrogation, if so required. ( 7 ) IF any of the aforesaid conditions is violated, it shall be open to the complainant/investigating agency or any witness to move before the trial Court for the cancellation of the petitioners bail and the said Court shall be free to cancel the bail in accordance with law without reference to this Court. ( 8 ) A copy of this order be sent to the Director General of Police, Rajasthan, and the S. P. Jaipur City, for their information. They are requested to constitute special investigating teems so that the investigations in such cases are completed expeditiously. They should also issue proper instructions to all Police Stations to be vigilant in providing police protection to the citizens in time to curb the activities of such unsocial elements who are engaged in garbing public and private land or properties by using force or other means. They should also not hesitate in taking action against public servants who provide assistance to such activities by their deliberate act of commission or omission. ( 9 ) THE bail application stands disposed of as indicated above. Application allowed.