Rajasthan High Court - Jodhpur
Nawab@ Nabiya vs State Of Rajasthan (2023:Rj-Jd:44720) on 20 December, 2023
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
[2023:RJ-JD:44720]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 12867/2022
Kachra Khan S/o Meera Khan, Aged About 53 Years, Sujaal Ka
Paar, P.s. Ramsar, Barmer Dist. (Raj.). (Presently Lodged In Dist.
Jail Barmer).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 5270/2022
Nawab@ Nabiya S/o Miru Kha, Aged About 64 Years, R/o Police
Station Ramsar, Dist. Barmer. (At Present Lodged In Dist. Jail,
Barmer).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Vinod Sharma
Mr. Vijay Raj Bishnoi
Mr. Manvendra Singh
For Respondent(s) : Mr. B.R. Bishnoi, PP
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HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
20/12/2023
S.B. Criminal Miscellaneous Bail Application
No. 12867/2022:-
This is the fifth bail application filed on behalf of the
petitioner with a prayer of releasing him on bail.
The police, after thorough investigation, has filed charge-
sheet against the petitioner for the offences under Sections 489-B,
489-C, 120-B IPC,1860; Sections 15(a)(i)(iii)/13, 16, 17, 18 of
the Unlawful Activities Act, 1967 and Section 5/25, 29 of the Arms
Act read with Section 120 IPC. As per the charge-sheet, on
04.12.2014, the petitioner along with co-accused Nawab Khan was
traveling in a jeep and when the police party apprehended the
said vehicle and searched it, they seized 495 counterfeit notes
equivalent to Rs.2,47,500/- from co-accused Nawab Khan and the
petitioner was with him in the vehicle.
During the course of investigation, the police concluded that
the petitioner, co-accused Nawab Khan and other accused persons
are members of a cartel, which is involved in circulating
counterfeit notes and also involved in distributing illegal arms such
as pistol etc., which has been smuggled from Pakistan.
Learned counsel for the petitioner Mr. Manvendra Singh has
argued that the petitioner is in jail since 04.12.2014 and, as such,
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he is in custody from more than 9 years and only on this ground,
the petitioner is entitled to be enlarged on bail.
Learned counsel for the petitioner, while relying on Section
436-A CrPC as also placing reliance on the judgment of the
Hon'ble Supreme Court rendered in Satender Kumar Antil Vs.
Central Bureau of Investigation & Anr. (Special Leave
Petition (CRL.) No.5191 of 2021, has prayed that the
petitioner may be enlarged on bail looking to the custody period.
It is also submitted that as a matter of fact, no counterfeit
notes or illegal arms have been recovered at the instance of the
petitioner and from the charge-sheet, it is clear that the petitioner
was picked-up by co-accused Nawab Khan after receiving the
counterfeit notes smuggled from Pakistan. It is also submitted
that the petitioner was not aware about the fact that co-accused
Nawab Khan is involved in smuggling of arms and in the business
of circulation of counterfeit notes. It is, therefore, prayed that the
petitioner may be enlarged on bail.
Per contra, learned Public Prosecutor has vehemently
opposed the bail application and argued that from the police
investigation, it is clear that the petitioner is a part of cartel, which
is involved in circulating counterfeit notes, which is a great threat
to the economy of the nation. It is also submitted that illegal arms
have also been procured by the cartel to create unrest in the
country and petitioner is a member of the same. It is further
argued that in the above facts and circumstances, the petitioner is
not entitled to be enlarged on bail.
[2023:RJ-JD:44720] (4 of 6) [CRLMB-12867/2022]
Having heard learned counsel for the parties; after going
through the charge-sheet and taking into consideration the fact
that in the matter, the police has recovered huge quantity of
counterfeit notes and illegal arms smuggled from Pakistan, I am
not inclined to enlarge the petitioner on bail.
Hence, this bail application is dismissed.
However, the trial court is expected to expedite the trial.
S.B. Criminal Miscellaneous Bail Application
No. 5270/2022:-
This is the fifth bail application filed on behalf of the
petitioner with a prayer of releasing him on bail.
The police, after thorough investigation, has filed charge-
sheet against the petitioner for the offences under Sections 489-B,
489-C, 120-B IPC; Sections 15(A)(i)(iii)/13, 16, 17, 18 of the
Unlawful Activities Act, 1967 and under Sections 3/25, 7/25 and
29 of the Arms Act read with Section 120 IPC.
Learned counsel for the petitioner Mr. Vinod Sharma has
argued that the petitioner was arrested on 04.12.2014 and even
after passing of nine years, the trial against him has not been
concluded.
It is submitted that after rejection of the earlier bail
application, the petitioner approached the Hon'ble Supreme Court
by way of filing SLP, however, the said SLP was dismissed by the
Hon'ble Supreme Court while keeping it open for the petitioner to
approach the trial court for expeditious disposal of the trial. The
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Hon'ble Supreme Court has also granted liberty to the petitioner
that in case the trial is not concluded within six months, he shall
be at liberty to renew his application for bail before the trial court.
Learned counsel has further submitted that after passing of
the said order by the Hon'ble Supreme Court on 27.07.2021, till
date, the trial has not been completed and the bail application
filed by the petitioner before the trial court has been dismissed in
a mechanical manner. It is submitted that there is every likelihood
that the trial against the petitioner would not be concluded in near
future and taking into consideration the above facts and
circumstances, the petitioner may be enlarged on bail.
Per contra, learned Public Prosecutor has vehemently
opposed the bail application and argued that huge quantity of
counterfeit notes and illegal arms have been recovered at the
instance of the petitioner. Learned Public Prosecutor has pointed
out that as per the charge-sheet, the petitioner was involved in
smuggling of drugs, counterfeit notes and illegal arms from
Pakistan since 1995. It is also argued that several criminal cases
were filed against the petitioner in police station Ramsar and Shiv
of Jaisalmer District involving the offence of NDPS Act, counterfeit
notes, smuggling of illegal arms and in some of the cases, he has
also been convicted and only released from jail in the year 2011.
It is submitted that the petitioner is in regular contact with the
smugglers of Pakistan and is involved in circulating counterfeit
notes to threaten the economy and distributing illegal arms to
create unrest in the country.
[2023:RJ-JD:44720] (6 of 6) [CRLMB-12867/2022]
Learned Public Prosecutor has, therefore, prayed that in the
above facts and circumstances of the case, the petitioner is not
entitled to be enlarged on bail.
Having heard learned counsel for the parties, after going
through the charge-sheet and taking into consideration the fact
that the petitioner was involved in smuggling of drugs, counterfeit
notes and illegal arms from Pakistan and he is in regular contact
of the smugglers from Pakistan, I am not inclined to grant bail to
the petitioner.
Hence, this bail application is dismissed.
However, the trial court is expected to expedite the trial.
(VIJAY BISHNOI),J
5-DivyaTak/-
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