KEDARLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARED learned counsel for the petitioners and learned Public Prosecutor on behalf of the State.

(2.) SHEONATH was indebted to the extent of Rs. 450/- to Kedarlal Sarpanch. SHEONATH went to a fair to sell his pair of bullocks, but he could not do so. While SHEONATH and his son, Shyam Sunder, were returning to their village, the brother-in law of the Sarpanch, Prahlad, in the company of Teja, met them. He told SHEONATH that the Sarpanch wanted his presence at the Panchayat. In compliance with the verbal order of the Sarpanch SHEONATH went to the Panchayat Office SHEONATH was tied down at the command of the Sarpanch and was belaboured. Shyam Sunder ran away out of fear Thereafter SHEONATH was taken to Kankari at the house of the Sarpanch. There he was tied to a Neem tree and was kept in the custody of Ram Narayan, Kedar Lal, Sohab Lal and Bheru Lal Next day morning at 9. 00 O' Clock he was taken near the temple of Balaji, where Kedarlal demanded Rs. 450/- from him. SHEONATH expressed his inability to pay the money and as such he was again belaboured by the associates of the Sarpanah. Ultimately he was forced to send a word to his house to bring a bullock, which was sold for Rs. 1350/-, out of which Rs. 1120/- were taken by the Sarpanch and Rs. 230/- were paid on account of Sabu. After committing the above atrocities SHEONATH was left free to go to his house. Due to night and fear of the Sarpanch he did not develop sufficient courage to go to the Police Station. Next day morning he lodged the F. I. R. with the Police Station. Thereafter a case was registered at the Police Station, Lakheri, against the petitioners. A bail application filed by the petitioner under Section 438, Cr. P. C. was rejected by Learned Sessions Judge, Bundi, on July 2, 1982. The police authorities, as usual, did not find it convenient to apprehend any of the accused-petitioners. They on the other hand were given an opportunity by their tacit consent to move this application before this Court.