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Rajasthan High Court · body

2009 DIGILAW 1447 (RAJ)

Pappu Lal Pareva v. State

2009-06-02

MAHESH BHAGWATI

body2009
JUDGMENT Hon'ble BHAGWATI, V.J.—This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Mr. Anshuman Saxena, Advocate on behalf of the applicant Pappu Lal Pareva in FIR No. 52/2009 of police station Transport Nagar, Jaipur City (East) in the offences under Sections 383, 353, 332 and 365 of IPC. 2. Heard the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the material available on record. 3. Learned counsel for the petitioner has canvassed that he has been falsely implicated and is no way connected with the commission of the offence of the instant case. He has further contended that on the date of incident i.e. on 7th March, 2009 the owner of the Mini-Bus No. RJ-14-PA-2467 namely Babu Lal Meena himself was driving the bus and Om Prakash was its conductor. The petitioner is not concerned with the alleged incident, hence, he deserves to be released on bail. 4. Learned Public Prosecutor has opposed the bail petition. 5. Having considered the submissions made at the bar and carefully perused the relevant material available on record including the bail order dated 14th May, 2009 rendered by the learned Sessions Judge, Jaipur City, Jaipur, it is noticed that the complainant Bane Singh Head Constable reached at T.P. Nagar Crossing with a view to regulate the traffic. It is alleged that the accused-petitioner stopped Mini-Bus No. RJ-14-PA-2467 in the mid of the main road and thus obstructed public way. On being asked by the complainant to park the Mini-Bus in a side, the petitioner refused to do so and firmly said that the bus shall remain there only and he could do whatever he liked. When the complainant was to prepare a challan of the vehicle, he asked the driver to tell his name but the accused petitioner declined to disclose his name and address. He suddenly alighted from the bus, caught hold the complainant by neck and shoved and jostled with him. Not only this, the petitioner associated with his miscreant companions dragged the complainant into the bus and took him to Agra Road. When he raised an alarm, he threatened him to break his head by rod. 6. In the present times the traffic of Jaipur City has gone from bad to worst. Not only this, the petitioner associated with his miscreant companions dragged the complainant into the bus and took him to Agra Road. When he raised an alarm, he threatened him to break his head by rod. 6. In the present times the traffic of Jaipur City has gone from bad to worst. The drivers of the Mini-bus, undisputedly and undeniably, suddenly park their Mini buses in the mid of the road obstructing the whole public way causing nuisance on the public road and further causing great inconvenience to other vehicle drivers following them. It does not happen, only once but it has assumed a routine and become a phenomena. The present state of affairs lead to infer that either the traffic police has become totally inactive and ineffective or it happens in-connivance with the traffic police. Nevertheless, the Mini-Bus drivers cannot dare park the Mini-Buses in the mid of the public road unless they are sheltered and backed by the City traffic police. Such miscreants are required to be dealt with sternly and strongly. In view of these state of affairs, I, without expressing any opinion on the merits of the case, but keeping in view the high rise of such incidents in present times, do not feel inclined to grant bail to the accused petitioner and the bail petition deserves to be dismissed. 7. In the result, the bail petition filed under Section 439 of Cr.P.C. on behalf of the petitioner Pappu Lal Pareva s/o Reved Mal stands dismissed.