Rajasthan High Court - Jodhpur
Richpal vs State Of Rajasthan on 1 February, 2022
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 1369/2022
Richpal S/o Shri Narayan Ram, Aged About 32 Years, R/o Hirani,
Tehsil Kuchaman City, District Nagaur (Raj.)
(At Present Lodged In Sub Jail, Kuchaman City)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Suresh on behalf of Mr. Akash
Goyal through VC
For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
01/02/2022
Lawyers are not appearing in the Court in view of the
unprecedented situation being faced by the country due to
pandemic of novel corona virus (COVID-19).
The present bail application has been filed under Section 439
of Cr.P.C. on behalf of the petitioner who is in custody in
connection with F.I.R. No.258/2021, Police Station Kuchaman City,
District Nagaur for the offence under Section 384 of IPC.
Heard learned counsel for the parties. Perused the material
available on record.
Learned counsel for the petitioner submits that the parties
have compromised the matter outside the court and therefore, he
prays that the petitioner may be enlarged on bail.
(2 of 3) [CRLMB-1369/2022]
A bare perusal of the impugned order dated 13.01.2022
shows that there are 36 cases registered against the present
petitioner under different Sections of the IPC. It appears that the
petitioner is a hardcore habitual criminal offender and
enlargement of the petitioner on bail in the present case will put
the entire society under danger. It also appears that the petitioner
was released on bails on earlier occasions but he misused the
same as the cases have been registered against him from the year
2008 till 2021. Thus, the release of the person like the petitioner
on bail will not be in the interest of the society at large.
The Hon'ble Supreme Court in the case of Prasanta Kumar
Sarkar V/s. Ashis Chatterjee: (2010) 14 SCC 496 has held as
under:-
"12. In Prasanta Kumar Sarkar V/s. Ashis Chatterjee:
MANU/SC/0916/2010: (2010) 14 SCC 496, while
dealing with the court's role to interfere with the
power of the High Court to grant bail to the accused,
the Court observed that it is to be seen that the High
Court has exercised this discretion judiciously,
cautiously and strictly in compliance with the basic
principles laid down in catena of judgments on that
point. The Court proceeded to enumerate the factors:
9...... among other circumstances, the factors [which
are] to be borne in mind while considering an
application for bail are:
(i). whether there is any prima facie or
reasonable ground to believe that the
accused had committed the offence;
(ii). Nature and gravity of the accusation;
(iii). Severity of the punishment in the event
of conviction
(iv). Danger of the accused absconding or
fleeing, if released on bail;
(v). Character, behaviour, means, position
and standing of the accused;
(3 of 3) [CRLMB-1369/2022]
(vi). Likelihood of the offence being
repeated;
(vii). Reasonable apprehension of the
witnesses being influenced; and
(viii). Danger, of course, of justice being
thwarted by grant of bail."
Learned counsel for the petitioner, however, is not in a
position to dispute the fact that 36 cases are pending against the
present petitioner, which are of the same nature.
Having regard to the totality of the facts and circumstances
of the case and considering the fact and situation in the present
case and the petitioner being a habitual person involving himself
in the crimes time and again and considering the seriousness of
the case and looking to the nature of accusation and gravity of the
offence, without expressing any opinion on the merits of the case,
I am not inclined to grant bail under Section 439 Cr.P.C. to the
petitioner at this stage.
Accordingly, the present bail application preferred by the
petitioner under Section 439 Cr.P.C. is dismissed.
(VINIT KUMAR MATHUR),J
54-Shahenshah/-
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