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2021 Supreme(Raj) 1008

IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Mahendra Kumar Goyal, J.
Bharat Lal - Appellants
Vs.
State of Rajasthan - Respondent
S.B. Criminal Misc. Bail Application Nos. 15266, 15579 and 15636 of 2020
Decided On : 05-01-2021

Advocate Appeared:
For the Appellant :Vijay Singh Poonia and Sudhir Jain, Advocates
For the Respondents: Laxman Meena, P.P.

Headnote:

Constitution of India,1950 - Article 226/227 - Criminal Procedure Code,1973 – Section 438 and 439 – Criminal attendance - Evidence - Bail Application - S.B. Criminal Misc. Bail Application No. Hansram vs. State of Rajasthan, Court has, vide order dated directed learned Public Prosecutor to procure case diary as well as the criminal antecedents of petitioner - Today, in pursuance of directions issued by Court, learned Public Prosecutor has produced case diary as well as status report dated which is taken on record - Status report furnished by SHO, Police Station, district contains criminal antecedents of accused-petitioner only without any information as to criminal antecedents of accused - Even report as to criminal antecedents of accused-petitioner is incomplete - As per status report, accused-petitioner Bharat Lal @ Bharti has following criminal cases registered against him - Whether there is a genuine case against accused and that prosecution will be able to produce prima facie evidence in support of charge – Held, Court is left with no option; but, to direct Principal Secretary, Department of Home, Government of Rajasthan as well as Director General of Police, State of Rajasthan, to file their affidavit explaining mechanism that has been devised for constitution of necessary data bank containing criminal antecedents of an accused along with other details as directed by this Court in case of Jugal (supra) to remain available with each and every Police Station in State of Rajasthan so as to ensure compliance of the direction issued in case of Jugal (supra) in letter and spirit - Requisite affidavit be filed on or before next date of hearing - SHO, Police Station is directed to remain present in this Court along with his affidavit as to status of criminal antecedents of present petitioners as well as his explanation as to its omission in status report dated as pointed out hereinabove – Order accordingly.

JUDGMENT :

Mahendra Kumar Goyal, J.

1. In the S.B. Criminal Misc. Bail Application No. 15266/2020; Bharat Lal @ Bharti vs. State of Rajasthan, this Court has, vide order dated 10.12.2020, directed the learned Public Prosecutor to procure the case diary as well as the criminal antecedents of the petitioner. On next date i.e. on 18.12.2020, learned Public Prosecutor was again granted opportunity to procure the criminal antecedents of the petitioner.

2. In S.B. Criminal Misc. Bail Application No. 15579/2020; Hansram vs. State of Rajasthan, this Court has, vide order dated 18.12.2020, directed the learned Public Prosecutor to procure the case diary as well as the criminal antecedents of the petitioner. Today, in pursuance of the directions issued by this Court, learned Public Prosecutor has produced the case diary as well as the status report dated 03.01.2021 which is taken on record. The status report furnished by the SHO, Police Station Sewar, district Bharatpur contains criminal antecedents of accused-petitioner Bharat Lal @ Bharti only without any information as to criminal antecedents of accused Hansram. Even the report as to criminal antecedents of accused-petitioner Bharat Lal @ Bharti is incomplete. As per the status report, the accused-petitioner Bharat Lal @ Bharti has following criminal cases registered against him:

S.No.

Case No.

Offence Sections

Police Station

Charge-sheet No.

1.

168/13

323, 341, 34 IPC

PS Nagar, Bharatpur

65/23.04.13

2.

390/17

323, 341, 336 IPC

PS Nagar, Bharatpur

279/19.12.17

3.

338/2000

323, 341 IPC

PS Nagar, Bharatpur

129/31.08.01

4.

322/2018

149, 420, 406, 467, 468, 471, 120B IPC

PS Bhusawar, Bharatpur

236/27.10.20

5.

325/2018

149, 420, 406, 467, 468, 471, 120B IPC

PS Bhusawar, Bharatpur

237/27.10.20

6.

326/2018

149, 420, 406, 467, 468, 471, 120B IPC

PS Bhusawar, Bharatpur

56/29.03.19

7.

463/2018

149, 420, 406, 467, 468, 471, 120B IPC

PS Bhusawar, Bharatpur

83/18.04.19

8.

603/2018

149, 420, 406, 467, 468, 471, 120B IPC

PS Bhusawar, Bharatpur

238/27.10.20

9.

323/2018

420, 406, 467, 468, 471, 120B IPC

PS Bhusawar, Bharatpur

 

However, as per the bail orders of accused-petitioner Bharat Lal @ Bharti, placed on record by the petitioner along with memo of the bail application, following criminal cases are also registered against him.

S.No.

FIR No.

Offence Sections

Police Station

1.

632/2018

420, 406, 120B IPC

Hindaun City, District Karauli

2.

351/2018

420, 406, 149, 120B IPC

Hindaun City, District Karauli

3.

301/2018

420, 406, 120B IPC

Mahawa, District Dausa

4.

321/2018

420, 406, 120B, 506 IPC

Todabhim, District Karauli

5.

302/2018

420, 406, 120B IPC

Mahawa, District Dausa

6.

327/2018

420, 406, 120B IPC

Mahawa, District Dausa

7.

324/2018

420, 406, 120B, 506 IPC

Todabhim, District Karauli

All these aforesaid criminal cases are not mentioned in the criminal record furnished by the learned Public Prosecutor with the Court today.

3. In so far as criminal record of accused Hansram is concerned, it is submitted by the learned counsel for the petitioner that he has about 12 other criminal cases of similar nature pending against him.

4. This Court comes across such instances almost daily wherein the record of the criminal antecedents of the accused-petitioners furnished by the learned Public Prosecutor is incomplete. This Court has, on earlier occasions, directed learned GA cum AAG as well as learned AAG representing the Department of Home, Government of Rajasthan to ensure that criminal antecedents of the accused persons furnished for perusal of the Court represent correct and complete picture and they have in turn instructed the authorities; but, of no avail. In this regard, reference may be made to the following com

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