Gordhan Ram @ Gorkha Ram vs State Of Rajasthan
2022 Latest Caselaw 25 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 14205/2021

Gordhan Ram @ Gorkha Ram S/o Shri Dhanna Ram, Aged About 25 Years, R/o Amla, P.s. Phalodi, District Jodhpur (Raj.) (At Present Lodged In Central Jail Jodhpur)

----Petitioner Versus State Of Rajasthan

----Respondent

For Petitioner(s) : Mr. Akash Goyal For Respondent(s) : Mr. Mahipal Bishnoi, PP

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

03/01/2022

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.250/2019, Police Station Udaimandir,

District Jodhpur for the offence under Section 379 of the I.P.C.

Heard learned counsel for the parties. Perused the material

available on record.

Learned counsel for the petitioner submits that the offence

alleged in the present case is triable by the Magistrate. He further

submits that the petitioner is being picked-up by the Police time

and again by involving him in a totally false and fabricated case.

Learned counsel submits that the charge-sheet in the case has

been filed. He further submits that since the petitioner is being

falsely implicated in all these cases by the Police, therefore, he

may be enlarged on bail.

(2 of 4) [CRLMB-14205/2021]

Learned Public Prosecutor opposes the bail application.

I have considered the submissions made at the Bar and gone

through the order dated 05.10.2021 passed by learned Additional

Sessions Judge No.3, Jodhpur Metro in Criminal Misc. Bail

Application No.2466/2021. Paragraph 7 of the said order shows

the list of 38 cases which have been filed against the petitioner

pending from 2007 to 2021. The cases also reflected that they

are almost of the same nature. The petitioner has been enlarged

on bail in some of the cases, considering the fact that the offences

are triable by the Magistrate. However, this Court feels that the

liberty granted by the Court's by enlargement of the petitioner on

bail has been grossly misused by him by involvement in the

offences of the like nature repeatedly. The enlargement of the

person on bail is always on the ground that he will not involve

himself or commit the offence similar to the offence of which he is

accused or suspect of the commission of which he is suspected.

The involvement of the petitioner in the offences of like nature on

38 occasions clearly shows that he is misusing the indulgence

granted by the Courts by enlargement of the petitioner on bail.

The conduct of the petitioner shows that the society at large is

suffering on account of the involvement of the petitioner in such

crimes.

It is observed that in the recent times, the incidents of the

like nature in which the petitioner is involved, are increasing

multi-fold times causing fear and insecurity in the society. This

Court feels that the persons like petitioner cannot be given liberty

(3 of 4) [CRLMB-14205/2021]

to cause unrest in the society by repeatedly involving themselves

into the crimes.

The Hon'ble Supreme Court in the case of Prasanta Kumar

Sarkar V/s. Ashis Chatterjee: (2010) 14 SCC 496 which is

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;

          (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 38 cases are pending against the

present petitioner, which are of the same nature.

(4 of 4) [CRLMB-14205/2021]

Therefore, in view of the observations made by the Hon'ble

Supreme Court and the fact that there is every likelihood and

possibility of the petitioner being involved in commission of the

offence, if he is enlarged on bail.

Having regard to the totality of the facts and circumstances

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 at this stage.

(VINIT KUMAR MATHUR),J 14-SunilS/-

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