RAJU ALIAS RAJ KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS bail application is pending since 18 -8 -1987 and court wanted to know the antecedents of accused -petitioner Raju alias Raj Kumar, against whom the learned Sessions had mentioned that several cases are pending. The jail authorities were asked to produce the record of the petitioner and the learned Public Prosecutor had also been directed to keep the diary ready, as to in how many police stations the cases are pending against the petitioner and of what nature. Since the information could not be received on the earlier dates then two days' future timely granted However, it was mentioned that no further time shall be granted. When the case was called up today, neither the diary was produced nor an information about the antecedents of the case of the accused petitioner was furnished. It is disgusting to note that even in the matter of the accused against whom multiple cases are pending the police authorities are not vigilant and do not intend to assist the court in properly adjudicating upon the bail application It has been noticed during the last few days that even in the local cases from Jaipur, neither the informations are furnished nor the diaries are produced in time for the reasons best known to the officer -in -charg of the police authorities. I am informed by the Public Prosecutor that his office informed all the police stations in Jaipur to send the antecedent of the petitioner but no reply has been received from any of the police station. There is a legislative mandate that if the accused has been convicted twice before his bail cannot be granted. But this rejection is only possible on this ground in case information is furnished to the court. Dispite the fact hat repeatedly informations are called, and they are not furnished, then there is no alternative for the court but to accept the application for bail because an accused cannot be kept behind bar indefinitely. But grant of bail in such cases is only because of the failure of the investigation agency and non co -operation of the local police officers which can only be bemoaned and a serious note can be taken thereof.

(2.) IN the aforesaid circumstances, the application is allowed and the accused is directed to be released on bail provided he furnishes a personal bond in the sum of Rs. 10,000/ - (Ten Thousand only) with two sureties in the amount of Rs. 5,000/ - each to the satisfaction of the trial court with stipulation to appear in that court as and when called upon to do so during the pendency of the trial against him in this case.

(3.) COPY of this order shall be sent to the Home Commissioner, Rajasthan the Inspector General of Police, Crimes and the Superintendent of Police, Jaipur by name with a forwarding note by the Additional Registrar.