Rajasthan High Court - Jodhpur
Jhamku Lal Sharma vs State Of Rajasthan on 19 July, 2019
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 11780/2018
1. Smt Sudi Bai Jatiya W/o Sh. Pyarchand Chamar, Aged
About 65 Years, Sindesar Kala , P.s. Rajsamand , The
Then Gram Panchayat Sindesar Kala , Panchayat Samiti
Railmagra , Distt. Rajsamand
2. Badami Bai W/o Sh. Kalu Chamar, Aged About 48 Years,
Sindesar , Panchayat Samiti Railmagra , Distt. Rajsamand
3. Jagdish Chandra S/o Sh. Bhura Chamar, Aged About 47
Years, Sindesar , Panchayat Samiti Railmagra , Distt.
Rajsamand
4. Keshu S/o Sh. Mangilal Bheel, Aged About 58 Years,
Raghunatpura , Sindesar Kala , P.s. Railmagra , Distt.
Rajsamand ( The Then Ward Panch, Ward No 7, Village
Panchayat Sindesar Panchayat Samiti Railmagra , Distt.
Rajsamand
----Petitioners
Versus
State, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 10010/2018
1. Jhamku Lal Sharma S/o Sh. Nandlal, Aged About 48
Years, Village Sindesar Kala , Panchayat Samiti And Tehsil
Railmagra , Distt. Rajsamand
2. Smt. Manju Sharma W/o Sh. Jhamku Lal Sharma, Aged
About 43 Years, Village Sindesar Kala , Panchayat Samiti
And Tehsil Railmagra , Distt. Rajsamand
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 10012/2018
Mangilal Banjara S/o Sh. Hariram, Aged About 68 Years, Ajad
Nagar, Railmagra , Distt. Rajsamand (The Then Gram Sevak ,
Gram Panchayat Sindesar Kala, Panchayat Samiti Railmagra ,
(Downloaded on 01/09/2019 at 10:55:19 PM)
(2 of 4) [CRLMB-11780/2018]
Distt. Rajsamand)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Mukesh Vyas
For Respondent(s) : Mr. Laxman Solanki, Public Prosecutor
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order 19/07/2019 Heard learned counsel for the petitioners as well as learned Public Prosecutor and also perused the material on record.
The petitioners apprehend their arrest in connection with FIR No.256/2018 of Police Station C.P.S ACB Jaipur, District A.C.B. Rajsamand for the offence punishable under Section 13(1)(C)(D) & 13(2) of Prevention of Corruption Act, 1988 read with Section 409, 193, 120-B IPC. They have preferred these anticipatory bail applications under Section 438 Cr.P.C.
At the outset, learned counsel for the petitioners has submitted that he does not want to press the criminal misc. bail applications preferred on behalf of the petitioners- Jhamku Lal Sharma S/o Sh. Nandlal and Mangilal Banjara S/o Sh. Hariram, however, seeks liberty for them to surrender before the trial court.
Accordingly, the criminal misc. bail applications preferred by the petitioners- Jhamku Lal Sharma S/o Sh. Nandlal and Mangilal Banjara S/o Sh. Hariram under Section 438 Cr.P.C. are dismissed as not pressed, however, they are at liberty to surrender before (Downloaded on 01/09/2019 at 10:55:19 PM) (3 of 4) [CRLMB-11780/2018] the trial court and may move regular bail application and if such bail applications are moved on their behalf, it is expected that the trial court shall decide the same expeditiously.
So far as petitioners- Smt Sudi Bai W/o Sh. Pyarchand Chamar Jatiya, Badami Bai W/o Sh. Kalu Chamar, Jagdish Chandra S/o Sh. Bhura Chamar, Keshu S/o Sh. Mangilal Bheel and Smt. Manju Sharma are concerned, learned counsel for the petitioners has submitted that the disputed patta was issued in the year 2001 and at that time, Sudi Bai was the Sarpanch, whereas Badami Bai, Jagdish Chandra, Keshu were the Panchas. It is submitted that the resolution of issuance of patta in favour of Jhamku Lal Sharma and Smt. Manju Sharma was written by the then Gram Sevak Mangilal Banjara and the petitioners had no knowledge about the same because they were illiterates. So far as petitioner- Manju Sharma is concerned, it is submitted that she was not aware about the fact that any patta was issued in her name. It is also submitted that the disputed patta was issued at the instance of petitioner Manju Sharma's husband namely Jhamku Lal Sharma and she was not aware in this regard.
Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant anticipatory bail to the accused petitioners- Smt Sudi Bai Jatiya W/o Sh. Pyarchand Chamar, Badami Bai W/o Sh. Kalu Chamar, Jagdish Chandra S/o Sh. Bhura Chamar, Keshu S/o Sh. Mangilal Bheel and Smt. Manju Sharma W/o Sh. Jhamku Lal Sharma under Section 438 Cr.P.C. (Downloaded on 01/09/2019 at 10:55:19 PM)
(4 of 4) [CRLMB-11780/2018] Accordingly, the bail applications under Section 438 Cr.P.C. preferred on behalf of the petitioners- Smt Sudi Bai Jatiya W/o Sh. Pyarchand Chamar, Badami Bai W/o Sh. Kalu Chamar, Jagdish Chandra S/o Sh. Bhura Chamar, Keshu S/o Sh. Mangilal Bheel and Smt. Manju Sharma W/o Sh. Jhamku Lal Sharma are allowed and it is directed that in the event of their arrest in FIR No.256/2018 of Police Station C.P.S ACB Jaipur, District A.C.B. Rajsamand, they shall be enlarged on bail provided each of them furnishes a personal bond in a sum of Rs.50,000/- each with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of the concerned I.O./S.H.O. on the following conditions:-
(i) They shall make themselves available for interrogation by Investigating Officer as and when required;
(ii) They shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer;
(iii) They shall not leave India without the previous permission of the Court.
(VIJAY BISHNOI),J SURABHII/44-46- (Downloaded on 01/09/2019 at 10:55:19 PM) Powered by TCPDF (www.tcpdf.org)