HARJI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THE facts giving rise to this bail application are that on March 23, 1982. Rameshwar Sarpanch of Gram Panchayat Pancholi happened to pass through Bandikui for making purchases to celebrate some marriage function. He was forcibly abducted and removed to an unknown place. According to the F, I. R. the abductors, while taking him away, administered beating to him. A case No. 49/82 was registered at the police station, Bandikui, on March 28, 1982 wherein the names of the accused were not mentioned according to the author of the F. I. R. the identification and the names of the abductors were not known. From the affidavit filed before this Court, by the abducted person Rameshwar, it is revealed that the abductors demanded a ransom of Rs. 100000/-and compelled him to write a letter asking his son to bring the money. On April 1, 1982 Rs. 29,000/- were paid to Harji and thereafter Rameshwar was released. The affidavit further reads that the balance of Rs. 71000/- is being demanded and in the event of its nonpayment, there is the danger of his life. In support of this affidavit another affidavit by Radha Kishan has also been filed by the prosecution.

(3.) THE case of the accused-petitioner is that he is a respectable person of his village. Prior to the occurrence Mst. Mooli, wife of the accused Kishan, had been taken away by Rameshwar's nephew without making payment of 'jhagda' amount, A Panchayat had been held and Rs. 29000/- had been settled as "jhagda money" in the presence of the entire village, in pen. Harji had been called to attest the document and had been paid Rs. 29,000/ -. A document indicating the same had been written. A photostat copy of it has been placed on record by the accused on April 1, 1982. It was urged that the petitioner is being made to pay penalty for altruistic act.