HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B.Criminal Bail Cancellation No. 131 / 2016
Sohan Lal Sharma S/o Late Shri Harish Chandra Sharma,
50-A Sultan Nagar, Near Gurjar Ki Thadi, PS Mahesh
Nagar Jaipur (south) 302019
----Petitioner-Complainant
Versus
1. State of Rajasthan Through P.P.
2. Mustak S/o of Sirajuddeen @ Sarju B/c Mev, Kheda Ka
Bas, Tan Gokulpura (Achwari), PS Punana, Distt. Mewat
Haryana.
----Respondents
______________________________________________
For Petitioner(s) : Mr. Rajendra Sharma , Mr. Satish
Khandal, Mr. Laxman Meena,
Mr. Sohan Lal Sharma, Ms. Pulkit
For State
: Dr. RS Shekhawat
Mr. Rajveer Singh, SHO, Police Station,
Chandwaji, District Jaipur is present
Mr. Bishan Singh, Sub Inspector ,
Police Station,
Chandwaji, District
Jaipur is present
For respondent
: Mr. Jiya-Ur-Rehman
______________________________________________
HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA
Order
22/03/2017
This cancellation of bail application has been
filed by Sohan Lal Sharma against accused Mustak S/o
Sirajuddeen @ Sarju, on the ground that number of cases
(2 of 6)
[CRLBC-131/2016]
are pending against him and he is a habitual offender,
with the following prayer:
“It is, therefore, most respectfully prayed
that your Lordships may graciously be pleased
to allow this application for cancellation of bail
and bail application which was allowed on
14.9.2016 may kindly be dismissed, or
any other order which your Lordships may
deem fit in favour of the complainant petitioner
and in the interest of justice may kindly be
passed.”
Brief facts of the case are as under:“In the intervening night of 1.5.2016-2.5.2016 the
complainant-petitioner Sohan Lal Sharma was going
alongwith his colleague advocate Ms. Pulkit from Jaipur to
Bagput (UP) in his car for arguing a case and when they
reached near Chandwaji at National Highway No. 8, the
miscreants
made
gunshot
fire.
The
complainant
suspected bursting the tyre of his care and when his
colleague advocate came out from the car for checking
the same, she found
that the tyre was perfect and as
soon as she was about to enter in the Car, the miscreants
who were four in numbers, armed with deadly weapons
(3 of 6)
[CRLBC-131/2016]
like Katta (country made gun), Sariyas, Dandas etc.
opened Katta fire again and encircled the car of the
complainant and after getting down from the car, the
miscreants gave beating and looted their movables. After
beating and looting the complainant and his colleague
advocate, they took them in a room of Anwala Farm
House of National Highway and after tightening the
mouth, legs and hands of the complainant and his
colleague advocate with the clothes and ropes, the
miscreants closed the doors of the room of farm house
and went away.
The miscreants also looted other passengers on the
same highway on the same intervening night. Meanwhile
the Patrolling party reached there and they saw the car of
the complainant standing nearby in a damaged condition
and they heard the cry of complainant. They opened the
door of the room, wherein the complainant and his
colleague advocate were found in the tightening position.
They made free the complainant and his colleague
advocate. The miscreants were searched out, but they
could not be traced out. The injured were given the
medical aid.
(4 of 6)
[CRLBC-131/2016]
The
complainant
submitted
the
report,
whereupon FIR No. 147/2016 was registered at Police
Station Chandwaji, Jaipur Rural for the offence under
Sections 323, 342, 365, 394 IPC and investigation was
commenced. During investigation, accused respondent
Mustak
was
arrested
from
Haryana
and
during
identification parade, the accused respondent Mustak was
identified at the time of test identification parade by
injured Ms. Pulkit and complainant.”
Learned
counsel
for
the
petitioner
has
contended that the accused respondent is a habitual
offender and he is involved in as many as cases. Accused
Mustak moved the bail application before the Court below
but the same was dismissed, but later-on concealing the
material facts, he moved the bail application before this
Court, which was allowed. Hence, they have moved this
bail cancellation application on the ground that he misled
the Court and obtained the bail order, as such the same
should be cancelled.
Before
passing
any
order
on
the
bail
cancellation application, this fact was brought to the
notice of the Court that other co-accused persons namely
(1) Tahir S/o Hasan Mev and (2) Hasan S/o Jabru Mev
(5 of 6)
[CRLBC-131/2016]
R/o Lahma Kala, Punhewa, Nooh Mewat R/o Haryana
have not been arrested by the police.
The SHO/IO is present in person. He has
contended that he has sent the team headed by Shri
Girdhari Lal, Sub Inspector, in the State of Haryana,
where the accused persons reside.
At this juncture, Mr. Rajendra Kumar Sharma,
learned counsel for the petitioner has requested to this
Court that it will be appropriate for this Court that if the
direction is given to the Director General of Police,
Haryana to provide full assistance to Shri Girdhari Lal,
Sub Inspector, who is the head of the team sent by the
SHO/IO of Police Station, Chandwaji, by way of issuing
direction to his subordinates.
This prayer seems to be genuine. Therefore,
looking to the fact that
aforesaid two accused persons
namely (1) Tahir S/o Hasan Mev and (2) Hasan S/o Jabru
Mev are the habitual offenders and they looted not only
the complainant and his colleague advocate, but other
persons also and they are involved in number of cases,
just to keep the peace in the mind of the citizens of this
country, I direct to Director General of Police, Haryana to
appoint some important and responsible officer of the
(6 of 6)
[CRLBC-131/2016]
area of which he is having jurisdiction to cooperate with
Mr. Girdhari Lal, so that it will be easier for him to arrest
the aforesaid two accused persons, as mentioned herein-above.
Mr. Bishan Singh, Sub Inspector, Police Station,
Chandwaji who is present in person is directed to hand
over a copy of this order to Director General of Police,
Haryana and receipt of the aforesaid order received by
him from the office of Director General of Police, Haryana
will be shown on the next date of hearing. Till next date,
the Director General of Police, Haryana will submit the
detailed report either by way of keeping himself present
before this Court or by way of any other person, who will
be appointed by him, regarding the arrest of the
aforesaid two accused persons.
Put up this case on 10.4.2017.
Dy. Registrar (Judl.) is directed to give a copy of
this order to Shri Bishan Singh, Sub Inspector of Police,
Police Station, Chandwaji, Jaipur today immediately.
(MAHESH CHANDRA SHARMA)J.
DK