Rajasthan High Court - Jodhpur
Murli Dhar vs State Of Rajasthan (2025:Rj-Jd:23319) on 14 May, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:23319]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 3392/2025
1. Badri Prasad Tawri S/o Narayan Das Tawri, Aged About 70
Years, R/o Village Nachhna, Tehsil Pokaran, Dist.
Jaisalmer
2. Jagdish Tawri S/o Banki Das, Aged About 69 Years, R/o
Village Nachhna, Tehsil Pokaran, Dist. Jaisalmer
3. Krishna Tawri W/o Jagdish Tawri, Aged About 65 Years, R/
o Village Nachhna, Tehsil Pokaran, Dist. Jaisalmer
4. Chandra Prakash Sarda S/o Nakhat Mal Sarda, Aged
About 65 Years, R/o Village Nachhna, Tehsil Pokaran, Dist.
Jaisalmer
----Petitioners
Versus
1. State Of Rajasthan, Through PP
2. Padmi Chand Soni S/o Devi Lal Soni, R/o Nachhna, Dist.
Jaisalmer
----Respondents
Connected With
S.B. Criminal Misc(Pet.) No. 2483/2025
1. Murli Dhar S/o Purshottam Das, Aged About 70 Years, R/o
Village Nachna Tehsil Pokaran District Jaisalmer.
2. Prem Narayan S/o Ratan Lal, Aged About 72 Years, R/o
Village Nachna Tehsil Pokaran District Jaisalmer
----Petitioners
Versus
1. State Of Rajasthan, Through PP
2. Padmi Chand Soni S/o Devi Lal Soni, Resident Nachna
District Jaisalmer
----Respondents
For Petitioner(s) : Mr. R.J Punia
For Respondent(s) : Mr. Deepak Choudhary, GA cum AAG
with Mr. Kuldeep Singh Kumpawat
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
14/05/2025
1. There is a serious concern to show anguish over the snail's
pace process and lackadaisical approach of continuation of
investigation in a corruption matter that has lasted for long 16
[2025:RJ-JD:23319] (2 of 3) [CRLMP-3392/2025]
years. There are allegations in the FIR that in the year 1990-1991,
total 63 Pattas (lease) were issued by the Gram Panchayat under
Rule 266 of the Rajasthan Panchayati Raj Act.
2. It is assertion of the Anti Corruption Bureau that the said
Pattas were not issued in accordance with the spirit of the
provisions, however, there is no reply to the question that why the
said Pattas have not been challenged and there legality has not
been questioned before appropriate forum. As a matter of fact,
said Pattas as still workable.
3. Learned AAG Mr. Deepak Choudhary assisted by the learned
counsel Mr. Kuldeep Singh Kumpawat apprise to this Court that
after investigation in the matter, the offence has been found
proved and that prosecution sanction has been accorded by the
competent authority.
4. In view of the above and the narrative mentioned in the
factual report, this Court would refrain from going into the
intricacies, niceties and merits of the case; rather, it feels that now
around 16 years have elapsed, it would be better for the trial court
to decide the case when the charge-sheet is filed, which is going
to be filed as per the stand taken by the Government Advocate.
5. In this view of the matter, the instant misc. petitions as well
as stay petitions are disposed of.
6. In the interest of justice, it is ordered that throughout the
course of investigation or until filing of the charge-sheet, the
petitioners shall not be arrested; rather, they would be informed
regarding filing of the charge-sheet and required to appear before
the concerned Court on fixed date. Upon filing of the charge-
sheet, the petitioners shall appear before the trial court and move
[2025:RJ-JD:23319] (3 of 3) [CRLMP-3392/2025]
a regular bail application. In the event such bail application would
be filed, the learned Judge shall release them on bail on the very
same day owing to the reason of curtailment of fundamental
rights of having speedy investigation as enunciation by Hon'ble
Supreme Court in the case of Vakil Prasad Singh Vs. State of
Bihar reported in AIR 2009(3) SCC 355 so also looking to the
present age of accused. It is deemed expedient to do so. No
further order is required to be passed.
7. The factual report be taken on record.
(MANOJ KUMAR GARG),J
35-36-mSingh/-
Powered by TCPDF (www.tcpdf.org)
