S SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) LACK of co-ordination between the prosecution and the investigation agencies at times lead to a situation where the courts are compel led to release the accused persons on bail despite the fact that allegations levelled are very serious and, in normal course, on merits bail should not have been granted. Here is a case of two accused persons who are involved in serious cases like looting petrol pumps and bank robberies besides many others. They have also been branched as terrorist/extremist by the jail authorities who had been making request for providing heavy police guard when accused were to be taken from one court to another. Several cases are pending against them and almost in all parts of this State and Punjab. One of the accused in this case, Gursewak Singh, had even escaped from the custody, yet till date no efforts have been made to expedite the trial in accordance with procedure established by law and delay in disposal of case has resulted in this bail application. This case must be taken as a fore-warning in several cases which might be pending in the courts of Magistrates and Chief Judicial Magistrates against several accused persons. Similarly for other latches. In last 3 years I must have observed in more than a dozen cases, other lathees in investigations, deliberate withholding of documents, deliberate delays in filing the charge sheets and lack of coordination between various wings including the inordinate delays in placing the records of chemical analysis before the courts. It appears that the remarks court has made must not have been brought to the notice of the higher authorities and, therefore, instead of making these remarks at the end of the order I decided to open this order with these remarks with a direction to the Dy. Registrar (Judicial) to forward the copy of this order to Special Secretary (Law), Ministry of Home Affairs (Director Prosecution) and Director General of Police by name with a letter of request to look into the matter.

(2.) THE two accused persons are facing trial in the court of Addl. Munsif and Judicial Magistrate No, 1, Jaipur District, Jaipur for offence under section 394 and 394/i20b IPC and 216 A IPC. THE investigations against the petitioners in the instant case are that they robbed a Diesel pump on Jaipur-Tonk Road on March 2, 1984. THE arrest of S. Singh, petitioner No. 1, has been made in this case on Nov. 22, 1984 according to the arrest memo prepared in presence of motbirs Mool Chand and Ram Kishore and that of B. Singh has been shown on May 21, 1984, as per the arrest memo and since then they are facing trial in this case. It is most astonishing that in 3 years' time the charges could not be framed in the case as it has been put off for one reason or the other. THE learned Magistrate trying the case has been sending the production warrants as is borne out from order sheets but police has given cold shoulder to the entire case, as a result of which nothing could be done in all these years. Before I passed this order I also thought it proper to call for the explanation of the learned Magistrate who has sent his reply. THE copy of the same shall also be sent to the Director General of Police and the Director of Prosecution. I would not like to narrate the facts and circumstances and the list of cases pending against the accused or the nature of the crime they have committed, since I do not want to prejudice the case of one side or the other, yet I would be failing in my duty if I do not mention that the interrogations of the accused in this case disclose that cases should have been brought to the notice of highest authorities.