CHANDRA PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has moved this bail application under section 439 Cr. P.C. He has been arrested in Crime No. 318/94, registered at Police Station, Katwali, Jaipur for the offences punishable under Sections 365,347,453, 380,467 and 471 IPC. The petitioner is now in judicial custody.

(2.) The Criminal Case was registered on the basis of a Parcha Bayan of one Swaroop Narain son of Shri Narain, aged 70 years, dated 19.7.1994 recorded by the Police on a complaint made by public spirited citizens in relation to unauthorised and illegal possession on a public land, details of which were given in the complaint.

(3.) Swaroop Narain in his statement narrated the story as to how the public land of a Nahra being No. 453, situated at Chowkri Mcdi Khana, Rasta Nataniyan, Jaipur was forcibly and illegally occupied by the petitioner and his men under threat at the point of revolver. The statement reveals that a racket of TGunda personsT is actively functioning in the city and their object is to occupy public lands and other properties by show of force. They also get forged documents executed in connivance with public officers and on the basis of those documents, they create false title with regard to the land or property. His statement further shows that complaints were made time and again to the local police, but no action was taken against the miscreants and they were allowed to function and carry out their anti-social activities. With regard to the land in question, which is a public land and was so declared in the Notification issued by the Collector (Government Properties) vide Circular RG. (5)87/625 dated July 7, 1987 published in Rajasthan Rajpatra, dated 27th August 1987 under Section 6 of the Rajgami Sampatti Adhiniyam (Government Properties Act, 1956), a complaint was made at Police Station, Kotwali, Jaipur as back as on August 18, 1986, However, no action was taken in the said report. Again a complaint was made on 22.8.1986 to the S.P. Jaipur, but no action was taken on that report also. When the Police neither provided any protection to the complainant nor took any action against the miscreants, the informant and his sons felt themselves helpless and unsecured and succumbed to the pressure of the petitioner and his persons, the informants son Suresh Chand put his signatures on some plain papers under threat and the miscreants forcibly occupied the Nohra and misappropriated the goods lying on it. Then a commercial complex was constructed on the said public land. Not only this a sale-deed was got executed from one Jaswant Singh in favour of one Babu Lal Mawewala and the same was got registered in the knowledge of the Revenue Officers.