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Rajasthan High Court · body

1998 DIGILAW 1096 (RAJ)

Vijay Singh v. State of Rajasthan

1998-10-16

B.J.SHETHNA

body1998
Honble SHETHNA, J.–As per the order dated 8.10.1998 passed by this Court, learned counsel Shri Shah for the petitioner accused produced the certified copy of the order dated 17.9.98 passed by Shri Babu Ali Saiyad, RHJS, Addl. Sessions Judge, Bali, in Cr. Misc. (Bail) Case No. 224/98 filed by four other co accused. The same is ordered to be taken on record. (2). On the basis of the finding recorded by the learned Judge in para 6 of the order dated 17.9.98 passed in Cr. Misc. (Bail) Case No. 224/98, learned counsel Mr. Shah for the petitioner submitted that the present accused petitioner, who is husband of the complainant-wife be granted anticipatory bail. The finding is reproduced as under: ^^;g Li"V gS fd ifjokfnuh ds ifjokn ds vuqlkj ;g ?kVuk mlds lkFk nwljh ckj gqbZ gS] ysfdu izFke ckj tks ifjokn isk fd;k x;k Fkk mldh dksbZ izfr vuqla/kku esa lfEefyr dh gqbZ ugha gS] ek= /kkjk 125 na-iz-la- dh dk;Zokgh ds ifjokn dh izfr vuqla/kku vf/kdkjh }kjk jsdkMZ ij yh xbZ gS ftlesa ngst ds fy;s ekjihV djuk o ifjokfnuh dk pkj ekg ls ihgj esa jguk crk;k gS ,oa 500@& #i;s Lo;a ds [kpsZ ds fy;s o 250@& ifjokfnuh ds cPps ds [kpsZ ds fy;s ekaxs x;s gS ,oa ,d bdjkjukek isk fd;k x;k gS ftlesa jkthukek vo; fd;k x;k gS] ftlesa ifjokfnuh dks ngst ds fy;s rax o ijskku u djus dk bdjkj fot;flag }kjk fy[k dj fn;k x;k gS tks ifjokfnuh dk ifr gSA--------- Li"V gS fd ifjokfnuh dkr dk dk;Z djus dks rS;kj ugha Fkh] ,oa blhfy;s og vius ifr ds ?kj ls Hkkx dj vius ihgj pyh xbZ ,oa ;g izdj.k izkFkhZx.k ds fo:) ntZ djk;k x;kA ,slh fLFkfr esa] izdj.k ds rF;ksa ls ;g Li"V gS fd ifjokfnuh vius ifr ds ?kj jguk ugha pkgrh gS ,oa ckj ckj og vius firk ds ?kj vkdj #d tkrh gS! pksV izfrosnu i= ls ifjokfnuh ds kjhj ij 6 pksVsa vkuk n`f"Vxkspj gksrk gS ysfdu ;s pksVsa izfrokfnuh ds cka;s vaxwBs ij] cka;sa Ldsiqyk ds uhps o nkfguh tka?k ij crkbZ xbZ gS ,oa chp dh vaxqyh ij crkbZ xbZ gS tks ek= [kjksaps gSa ,oa ;s [kjksaps fdlh Hkh dkrdkj ds dkr dk dk;Z djrs le; Qly ls Hkh jxM+ ds dkj.k vk ldrh gSaA ,slh fLFkfr esa mDr pksVksa ek= ls ;g ugha dgk tk ldrk gS fd ifjokfnuh ds lkFk esa ngst izkfIr ds fy;s ekjihV dh xbZ gksA ,slh fLFkfr esa] izdj.k ds feF;k jfpr gksus dh laHkkouk ls Hkh bUdkj ugha fd;k tk ldrk gSA bruk gh ugha izdj.k esa vHkh vuqla/kku tsj rjoht gS] vr% izdj.k ds vuqla/kku o vUoh{kk esa le; yxus dh iw.kZ laHkkouk gS ,oa izkFkhZx.k fnukad 14-9-98 ls gh tsy esa gSA ,slh fLFkfr esa tcfd izdj.k esa ek= rhu lky dh gh ltk gS] izdj.k ds rF;ksa dks ns[krs gq, eSa izkFkhZx.k dks tekur ij NksM+uk U;k;ksfpr le>rk gwaA** (3). It may be stated that joint bail petition bearing No. 190/98 filed by all the five accused under Sec. 438 Cr.P.C. including the present petitioner-husband was rejected by the same learned Judge on 28.8.98 for the reasons recorded by him in para 6 of that order and that also I would like to reproduce, which is as under :- ^^;g Lohdkj fd;k x;k gS fd esjh ekrk }kjk vkidks ngst de ykus ds fy;s rax fd;k Fkk blds fy;s ge {kek pkgrs gSaA--------- bl rjg bl bdjkjukesa esa vfHk;qDrx.k }kjk ifjokfnuh ds lkFok esa ngst dh ekax dks ysdj rax o ijskku djuk Lohdkj fd;k gS ,oa lkekftd O;fDr;ksa ds le>kus ij ngst u ekaxus vkSj rax u djus o ekjihV u djus o [ksrh dk dke ugha djus ds laca/k esa --------- Li"V gS fd izkFkhZx.k us iwoZ esa Hkh ifjokfnuh ds lkFk esa ngst izkfIr gsrq Øwjrkiw.kZ O;ogkj fd;k FkkA --------- pksV izfrosnu i= fnukad 12-8-98 ds voyksdu ls Li"V gS fd izse daoj ds kjhj ij 6 pksaVsa vkbZ gqbZ gSa tks bl rF; dk Toyar mnkgj.k gS fd ifjokfnuh ds lkFk esa izkFkhZx.k }kjk vekuqf"kd O;ogkj fd;k x;k gSA ,oa ekjihV dj mls ngst ykus ds fy;s rax o ijskku fd;k x;k gS vr% ifjokfnuh ds lkFk ckj ckj ngst izkfIr gsrq mls ekjihV dj rax o ijskku djuk izkFkhZx.k dk ,d iskk cu x;k gSA ,slh fLFkfr esa] ,sls vijkf/k;ksa dks vfxze tekur ij NksM+uk fdlh Hkh lwjr esa U;k;ksfpr ugha dgk tk ldrk gSA** (4). Thus, the learned Judge earlier rejected the anticipatory bail application filed under Sec. 438 CrPC of all the five accused by giving strong reasons in para 6 of the order dt. 28.8.98. Surprisingly within less than twenty days, he allowed the bail application filed by four other co accused under Sec.439 CrPC by giving absolutely contradictory reasons than the reasons assigned by him in the order dated 17.9.98 passed in bail application filed under Sec.438 CrPC. It is a serious matter, which must be thoroughly enquired into and investigated on the administrative side by way of holding a Departmental Enquiry against the learned Judge. (5). It is a serious matter, which must be thoroughly enquired into and investigated on the administrative side by way of holding a Departmental Enquiry against the learned Judge. (5). It is only after the learned Judge granted regular bail on 17.9.98 to four other co accused by a reasoned order by which the learned Judge has almost decided the case before the evidence was led and the trial was over which was highly improper on his part. There after, the present petitioner has filed this bail petition u/s 438 CrPC. The law on this point is very well settled. The Court has to assign only brief reasons while granting or rejecting bail and elaborate discussion should have been avoided but that principle is completely ignored by the learned Judge while granting bail to co-accused on 17.9.1998. It may be stated that though the anticipatory bail petition of all the five accused including the present petitioner was rejected on 28.8.98 and the certified copy of the same was already received on 3.9.98, the present petitioner has filed this bail petition under Sec. 438 CrPC on 5.10.98, only after the same learned Judge allowed the regular bail to four other co-accused on 17.9.98 and on the basis of the reasons recorded by the learned Judge in para 6 of the order dt. 17.9.1998 passed in Cr.Misc.(Bail) Case No. 224/98, a submission was made that the accused, who is a Govt. officer working in Air For- ce, be granted anticipatory bail. (6). Law on bail is very well settled. The Court has to take the averments made in the FIR at its face value and considering the averments made in the FIR, the learned Judge himself rejected the bail petition filed by the present accused alongwith four other co-accused on 28.8.98 and in my opinion rightly so. How and under what circumstances, the learned Judge has passed the subsequent order dt. 17.9.98 in regular bail application filed under Sec.439 CrPC, is a matter of investigation. The reasons assigned by him in para 6 of the order dated 17.9.98 have to be completely ignored because the learned Judge has travelled beyond his jurisdiction in deciding that regular bail petition. (7). 17.9.98 in regular bail application filed under Sec.439 CrPC, is a matter of investigation. The reasons assigned by him in para 6 of the order dated 17.9.98 have to be completely ignored because the learned Judge has travelled beyond his jurisdiction in deciding that regular bail petition. (7). Before parting, I must state that the manner in which an attempt is made to obtain anticipatory bail from this Court disentitles the petitioner from any order particularly when he is charged with the offences u/ss 498-A, 320, 323, 342. 147 and 148 IPC, though he is a Govt. servant. (8). For the reasons stated above, this bail petition is required to be rejected and accordingly it is rejected. I have refrained myself from having any elaborate discussion while rejecting this bail petition. (9). The office is directed to place the matter before Honble the Acting Chief Justice for taking appropriate action in the matter. A copy of this order be also kept in the service book of the learned Judge.