RAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application under Section 431 Cr.P.C. praying for issue of a direction that in the event of arrest, the accused applicant may be enlarged on bail.

(2.) THE facts of the case, in brief, which re relevant for the disposal of this application are that on 6.2.1978, a first information repost was lodged stating that when the election for the Sarpanch, Panch and Ward Panchs of the Gram Panchayat, Nibhers, were being held, about 60 or 70 persons, who are aslleged to be supporting the candidature of one Ganpatlal, entered the polling booth No. (sic). Where election party No. 237 was working attacked them. It was further contended that the applicant Ram Singh Gujar, took away 49 ballot papers pertaining to the election of the Sarpanch and 123 ballot papers regarding the election of the Ward Panchas and the election lists and ran away in a truck. It was further alleged that Ganpat assaulted the polling officer and tried to take away the boallot -boxes contatining the polled ballot papers.

(3.) ON behalf of the accused applicant Ramsingh it has been contended that no case under Section 452 or 395 I.P.C. is made out from facts and circumstances of the case. It was further contended that the offence if any, tantamount to an election offence, for which punishment is provided under Section 135 and 136 of the Representation of the People Act, 1951. It was also contended that under these provisions, the maximum sentence is less than 3 years. Attention of the Court was also invited to the Schedule in the Code of Criminal Procedure, which provides that offences under other Acts, which are punishable up to 3 years shall be bailable. It was also contended that as the alleged incident is covered by the provisions of the Representation of the People Act, the applicability of the provisions of the Indian Penal Code would be excluded