Rajasthan High Court - Jodhpur
Kachra Khan 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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[2023:RJ-JD:44720] (2 of 6) [CRLMB-12867/2022]
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, (Downloaded on 21/12/2023 at 09:56:42 PM) [2023:RJ-JD:44720] (3 of 6) [CRLMB-12867/2022] 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.
(Downloaded on 21/12/2023 at 09:56:42 PM) [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 (Downloaded on 21/12/2023 at 09:56:42 PM) [2023:RJ-JD:44720] (5 of 6) [CRLMB-12867/2022] 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.
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[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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