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2016 DIGILAW 777 (RAJ)

Harji Ram v. State of Rajasthan

2016-05-27

SANDEEP MEHTA

body2016
JUDGMENT : Sandeep Mehta, J. 1. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. 2. Learned counsel contends that the petitioner has been falsely implicated in this case. The house from where recovery was made does not belong to the petitioner. The quantity of liquor is barely more than 50 bulk litres. Thus, he urges that the petitioner deserves to be released on bail. 3. Learned public prosecutor with reference to the case diary states that the house from where 52 litres of illicit hand made liquor was recovered is owned by the petitioner. As many as three previous cases for offence under the Excise Act have been registered against the petitioner till date between the years 2011 to 2014 and he has been convicted in all three of them. He thus, urges that the petitioner being a habitual offender is not entitled to be released on bail. 4. Heard and considered the arguments advanced by the learned counsel for the petitioner and the learned Public Prosecutor. Perused the material available on record. Considering the bet that the petitioner is a habitual offender and has previously been convicted in no less than 3 similar cases. I am of the opinion that he is not entitled to be released on bail. 5. The bail application being devoid of any merit is hereby rejected. 6. Before parting, this court would like to observe that there is no reference of the petitioner criminal antecedents report in the order dated 28.04.2016 where by his bail application was rejected by the Sessions Judge, Jalore. It appears that the prosecuting agency & the public prosecutor did not apprise the court of petitioner’s criminal antecedents. It is noticed in many cases that the investigating agency fails to apprise concerned court of the criminal antecedents of the accused and thereby the court grants relief to the habitual offenders because of lack of proper information. 7. In this background, this court is of the firm opinion that a direction is required to be issued to the Director General of Police as well as the Director Litigation Government of Rajasthan that henceforth, all the investigating officers & the Public Prosecutors concerned be mandated to collect information and to file a written factual report narrating the criminal antecedents, if any, of all the accused approaching the court for release on bail. 8. 8. A copy of this be provided to learned Public Prosecutor and be forthwith forwarded to The Director General of Police Rajasthan and The Director, litigation, State of Rajasthan.