Research › Search › Judgment

Rajasthan High Court · body

2009 DIGILAW 835 (RAJ)

Ajay Kumar v. The State of Rajasthan

2009-03-23

MAHESH BHAGWATI

body2009
JUDGMENT 1. - This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Mr. V.S. Fauzdar Advocate on behalf of the applicant Ajay Kumar pertaining to F.I.R. No. 309/08 of police station Pilani in the offence under Sections 143, 382 and 323 of IPC. 2. Heard the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the material on record. 3. Learned counsel for the petitioner has contended that the petitioner has been falsely implicated at the instance of contractor Rameshwar Khichad. He has been in custody for the last two months. The petitioner is innocent and, o as such, he may be released on bail. 4. Learned Public Prosecutor appearing for the State has vehemently opposed the bail petition primarily on the ground that 18 criminal cases have already been pending against him and it is 19th case wherein he has been arrested. The accused is a habitual offender and always abuses the liberty of 5 bail. Hence his bail petition may be dismissed. 5. Having considered the submissions made at the bar and carefully scanned the relevant material on record, it is noticed that the Investigating Officer has appended a list of criminal cases pending against all the four accused of this case. The list reveals that 18 criminal cases have been o pending against the petitioner. The petitioner seems to be a habitual offender. He has been found involved in the offences of alike nature. It goes without saying that the petitioner has abused the liberty of bail. It also appears that a liberal approach of courts with regard to granting bail to the accused in all 18 criminal cases one after another has made him brash and fearless and further 5 motivated him to take the law in his own hands. Unequivocally and undeniably the petitioner, while abusing the liberty of bail, is now making a mockery of the criminal justice system. I am of the firm opinion that the petitioner cannot be permitted to get bail to commit the 20th offence. Thus, in view of the above facts and circumstances, I, without expressing any opinion o on the merits of the case, do not feel it just and proper to grant indulgence of bail to the petitioner till the trial of the case is concluded and thus, the petition deserves to be dismissed. Thus, in view of the above facts and circumstances, I, without expressing any opinion o on the merits of the case, do not feel it just and proper to grant indulgence of bail to the petitioner till the trial of the case is concluded and thus, the petition deserves to be dismissed. 6. In the result, the bail petition filed under Section 439 of Cr.PC. on behalf of the accused-petitioner Ajay Kumar stands dismissed.Application For Bail Rejected. *******