Research › Search › Judgment

Rajasthan High Court · body

2024 DIGILAW 423 (RAJ)

Girdhar Singh, S/o. Khiv Singh @ Mag Singh v. State Of Rajasthan

2024-03-07

FARJAND ALI

body2024
ORDER : 1. The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below: S. No. Particulars of the Case 1. FIR Number 273/2020 2. Concerned Police Station Gulabpura 3. District Bhilwara 4. Offences alleged in the FIR (S.B. CRLMB No.69/2024) Under Sections 406 and 420 of the IPC 5. Offences added, if any (S.B. Criminal Misc. Bail Application No.69/2024) Under Section 409 of the IPC 6. Date of passing of impugned order (S.B. CRLMB No.69/2024) 18.12.2023 7. FIR Number 177/2019 8. Concerned Police Station Shreekaranpur 9. District Ganganagar 10. Offences alleged in the FIR (S.B. CRLMB No.14884/2023) Under Sections 420 and 120-B of the IPC 11. Offences added, if any (S.B. Criminal Misc. Bail Application No.14884/2023) Under Section 409 of the IPC 12. Date of passing of impugned order (S.B. CRLMB No.14884/2023) 21.10.2023 13. FIR Number 470/2019 14. Concerned Police Station Kotwali Barmer 15. District Barmer 16. Offences alleged in the FIR (S.B. CRLMB No.14885/2023) Under Sections 420 and 406 of the IPC 17. Offences added, if any (S.B. Criminal Misc. Bail Application No.14885/2023) Under Section 409 of the IPC 18. Date of passing of impugned order (S.B. CRLMB No.14885/2023) 19.10.2023 13. FIR Number 302/2022 14. Concerned Police Station Kotwali, Barmer 15. District Barmer 16. Offences alleged in the FIR (S.B. CRLMB No.14887/2023) Under Sections 420, 406 and 120-B of the IPC 17. Offences added, if any (S.B. Criminal Misc. Bail Application No.14887/2023) -- 18. Date of passing of impugned order (S.B. CRLMB No.14887/2023) 19.10.2023 25. FIR Number 500/2019 26. Concerned Police Station Hiran Magri 27. District Udaipur 28. Offences alleged in the FIR (S.B. CRLMB No.15041/2023) Under Sections 420 and 406 of the IPC 29. Offences added, if any (S.B. Criminal Misc. Bail Application No.15041/2023) Under Section 120-B of the IPC 30. Date of passing of impugned order (S.B. CRLMB No.15041/2023) 15.09.2023 31. FIR Number 457/2019 32. Concerned Police Station Mahamandir 33. District Jodhpur City East 34. Offences alleged in the FIR (S.B. CRLMB No.15296/2023) Under Sections 406 and 420 of the IPC 35. Offences added, if any (S.B. Criminal Misc. Bail Application No.15296/2023) Under Section 409 of the IPC 36. Date of passing of impugned order (S.B. CRLMB No.15296/2023) 22.11.2023 37. FIR Number 517/2019 38. Concerned Police Station Pratap Nagar 39. District Jodhpur City East 34. Offences alleged in the FIR (S.B. CRLMB No.15296/2023) Under Sections 406 and 420 of the IPC 35. Offences added, if any (S.B. Criminal Misc. Bail Application No.15296/2023) Under Section 409 of the IPC 36. Date of passing of impugned order (S.B. CRLMB No.15296/2023) 22.11.2023 37. FIR Number 517/2019 38. Concerned Police Station Pratap Nagar 39. District Jodhpur City West 40. Offences alleged in the FIR (S.B. CRLMB No.16037/2023) Under Sections 420 and 406 of the IPC 41. Offences added, if any (S.B. Criminal Misc. Bail Application No.16037/2023) Under Section 409 of the IPC 42. Date of passing of impugned order (S.B. CRLMB No.16037/2023) 18.11.2023 43. FIR Number 246/2019 44. Concerned Police Station Sangaria 45. District Hanumangarh 46. Offences alleged in the FIR (S.B. CRLMB No.16297/2023) Under Sections 420 and 406 of the IPC 47. Offences added, if any (S.B. Criminal Misc. Bail Application No.16297/2023) Under Sections 409 and 120-B of the IPC 48. Date of passing of impugned order (S.B. CRLMB No.16297/2023) 01.11.2023 49. FIR Number 271/2019 50. Concerned Police Station Marwar Junction 51. District Pali 52. Offences alleged in the FIR (S.B. CRLMB No.12/2024) Under Sections 420, 407, 408 and 120-B of the IPC 53. Offences added, if any (S.B. Criminal Misc. Bail Application No.12/2024) Under Section 409 of the IPC 54. Date of passing of impugned order (S.B. CRLMB No.12/2024) 08.11.2023 55. FIR Number 308/2019 56. Concerned Police Station Marwar Junction 57. District Pali 58. Offences alleged in the FIR (S.B. CRLMB No.13/2024) Under Sections 420 and 120-B of the IPC 59. Offences added, if any (S.B. Criminal Misc. Bail Application No.13/2024) Under Section 409 of the IPC 60. Date of passing of impugned order (S.B. CRLMB No.13/2024) 08.11.2023 61. FIR Number 60/2021 62. Concerned Police Station Kotwali, Jalore 63. District Jalore 64. Offences alleged in the FIR (S.B. CRLMB No.18/2024) Under Sections 420, 406 and 120-B of the IPC 65. Offences added, if any (S.B. Criminal Misc. Bail Application No.18/2024) -- 66. Date of passing of impugned order (S.B. CRLMB No.18/2024) 11.12.2023 67. FIR Number 270/2020 68. Concerned Police Station Gulabpura 69. District Bhilwara 70. Offences alleged in the FIR (S.B. CRLMB No.72/2024) Under Sections 406 and 420 of the IPC 71. Offences added, if any (S.B. Criminal Misc. Bail Application No.72/2024) Under Section 409 of the IPC 72. Date of passing of impugned order (S.B. CRLMB No.72/2024) 18.12.2023 73. FIR Number 270/2020 68. Concerned Police Station Gulabpura 69. District Bhilwara 70. Offences alleged in the FIR (S.B. CRLMB No.72/2024) Under Sections 406 and 420 of the IPC 71. Offences added, if any (S.B. Criminal Misc. Bail Application No.72/2024) Under Section 409 of the IPC 72. Date of passing of impugned order (S.B. CRLMB No.72/2024) 18.12.2023 73. FIR Number 313/2020 74. Concerned Police Station Gulabpura 75. District Bhilwara 76. Offences alleged in the FIR (S.B. CRLMB No.90/2024) Under Sections 406 and 420 of the IPC 77. Offences added, if any (S.B. Criminal Misc. Bail Application No.90/2024) Under Section 409 of the IPC 78. Date of passing of impugned order (S.B. CRLMB No.90/2024) 18.12.2023 2. It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises. 3. Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail. 4. I have considered the submissions made by both the parties and have perused the material available on record. 5. For one culpable action of running a cooperative society for the purpose of inducing the public for investment, as many as 48 cases have been lodged against the petitioner. He is behind the bars since the last four years. In one of the cases, he has been acquitted and has been bailed out in 24 other cases. Dishonest intention is the basic element to constitute the offence under Section 420 of the IPC besides inducement and delivery of the property under the influence of said inducement. The above are the facts which are open to the parties to moot and can be adjudicated only after the entire material is brought on record during the course of trial. As on date, it is reflecting that the petitioner is languishing in jail since the last four years and the case is exclusively triable by the Court of Magistrate. The above are the facts which are open to the parties to moot and can be adjudicated only after the entire material is brought on record during the course of trial. As on date, it is reflecting that the petitioner is languishing in jail since the last four years and the case is exclusively triable by the Court of Magistrate. Besides this, applicability of the Sections 41 and 41-A of the Cr.P.C. and the judgments passed by Hon'ble the Supreme Court in case of Arnesh Kumar vs. State of Bihar reported in AIR 2014 SC 2756 ; Joginder Kumar vs. State Of U.P. reported in 1994 AIR 1349 as well as the celebrity judgment passed by Hon’ble the Supreme Court in case of Sanjay Chandra vs. CBI reported in AIR 2012 SC 830, applies squarely in this case. In the cases which are exclusively triable by Court of Magistrate, this Court has elaborately dealt with the issue regarding release of accused on bali in a bail application titled as Dharmendra vs. State of Rajasthan (S.B. Criminal Miscellaneous Bail Application No.11530/2023) vide order dated 07.10.2023. In view of the deliberation and enunciation made therein and since there is high probability that the trial may take long time to conclude, it is deemed suitable to grant the benefit of bail to the petitioner in the present matter. 6. Accordingly, the instant bail applications under Section 439 Cr.P.C. are allowed and it is ordered that the accused-petitioner as named in the cause titles shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the Court concerned on all the dates of hearing as and when called upon to do so.