Dhara Singh @ Dariya @ Dharuram S/o Amararam v. State of Rajasthan
2017-11-01
P.K.LOHRA
body2017
DigiLaw.ai
ORDER : P.K LOHRA, J. 1. By the instant application under Section 439 Cr.P.C, accused-petitioner has craved for releasing him on bail pending trial in Sessions Case No. 53/2013 before Addl. Sessions Judge, Parbatsar, District Nagaur (for short, ‘learned trial Court’). 2. The genesis of the Sessions Case is FIR No. 90/13 registered at Police Station Chitawa, District Nagaur and the offences slapped against the petitioner are punishable under Section 147, 148, 149, 323, 427, 325 & 307 IPC. 3. During trial, petitioner was released on bail by this Court vide order dated 12th of November 2013. After release on bail, petitioner attended proceedings before the learned trial Court on some dates of hearing but absented on 31st of August 2016, and therefore, his bail bonds were forfeited and proceedings under Section 446 Cr.P.C were initiated by issuing arrest warrant. Later on, petitioner was arrested and applied for bail before the learned trial Court, which was rejected on 15th of July, 2017. 4. I have heard learned counsel for the petitioner, learned Public Prosecutor and perused order dated 15th of July 2017 passed by the learned trial Court rejecting bail application of the petitioner. 5. Upon perusal of order dated 15th of July 2017, it is clearly discernible that while on bail, petitioner has misused his liberty by indulging in many criminal activities. The learned trial Court has taken note of a very vital fact that while on bail, almost 10 cases under different sections of IPC are registered against him including 3 cases of attempt to murder punishable under Section 307 IPC. Taking cognizance of the habit of petitioner in committing crimes repeatedly i.e. recidivism, the learned trial Court has declined his prayer for grant of bail. 6. Granting bail to an individual is a reformative measure with the solemn object to ensure that an incumbent may not be kept under incarceration for a longer duration when he is under trial. However, if an incumbent is released on bail and he misuses his liberty by involving himself in commission of offences, more particularly serious offences, then in such circumstances it is not desirable to exercise discretion in his favour. 7. Therefore, viewed from any angle, I am not inclined to exercise discretion in favour of the petitioner for enlarging him on bail. 8. Resultantly, the bail application fails and same is hereby rejected.