HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2910/2024 Jabbar S/o Himayat Ali ----Petitioner Versus The State of Rajasthan ----Respondent For Petitioner(s) : Mr. Punit Singhvi (amicus curiae) For Respondent(s) : Mr. Rajendra Prasad, AG with Ms.

Dhriti Ladha Mr. Manvendra Singh Shekhawat, PP Mr. Pradeep Kumar with Mr. Ashok Kumar (Joint Director CBI)

Ms. P. Renuka Devi (HOB CBI, Jaipur)

For Applicant : Mr. Sandeep Shekhawat, Adv.

HON'BLE MR. JUSTICE SAMEER JAIN

Order

17/03/2025

1. An application (IA No. 03/2024) has been moved by the applicant-M/S Shekhawat Associates through authorized signatory Shri Chandrabhan Singh Shekhawat (leaseholder), seeking permission to allow the applicant to participate in the ongoing proceedings and render assistance to the Court qua the matter in hand.

2. In this regard, learned amicus curiae has submitted that in the matter in hand, the Court had categorically directed the Central Bureau of Investigation to investigate the siphoning of the Bajri/sand wherein indulgence of mafia is present. However, if the Central Bureau of Investigation during the course of investigation deems it essential to seek assistance from the applicant, the investigating authority may seek the same, and the present application is unwarranted. Nevertheless, if the applicant is aggrieved of the same, he can avail appropriate legal recourse.

3. Considering the foregoing facts and circumstances of the matter in hand, and taking note of the fact that the present issue has already been contested and represented by learned Advocate General, counsel representing CBI and amicus curiae, who have been satisfactorily rendering assistance, this Court deems no necessity to take assistance by any private party. Howsoever, if applicant-leaseholder has any indirect grievances, he may take appropriate recourse, in accordance with law.

4. Accordingly, the application (IA No. 03/2024) is dismissed.

In S.B. Criminal Miscellaneous Bail Application No.

2910/2024

1. At the outset, learned counsel representing CBI has apprised the Court that in compliance and furtherance to the directions enumerated in the erstwhile orders dated 19.07.2024, 02.07.2024, 29.05.2024, 31.05.2024, 16.04.2024, the CBI has concluded the investigation in one of the FIRs and supplementary charge-sheet has been filed, thereto. It is further apprised by the learned counsel that during the course investigation, the CBI has witnessed a scandalous state of affairs, as there has been indulgence by a number of departments, for instance, Department of Mining & Geology, Transport Department of Rajasthan, Rajasthan State Pollution Control Board, Police Department of Rajasthan and other agencies.

2. Withal, qua the same and the prevailing siphoning of sand, a detailed report has already been submitted with the Office of Chief Secretary, State of Rajasthan, long back. Consecutively, learned counsel has sought permission from the Court vis-a-vis investigation in six other allied FIRs. Additionally, it is submitted that as the matter is of public importance and has implications upon the adjoining states, a number of personnel from C.R.P.F and police officers from other states may be posted/hired, to aid the CBI in the ongoing investigation.

3. At this nascent juncture, learned amicus curiae has submitted that on account of rampant demand of Bajri/Sand, the price qua the same has increased not only within the State of Rajasthan, but also in the neighboring States. Resultant to the said increased demand the bajri is siphoned and smuggled by certain private players, due to which the availability of the said resource is being diminished in past decade, in the present State and a number of lease agreements despite being expired are continued.

4. Further, it is submitted that resources are exploited by the private people, sans following the directions spelled out by the Hon’ble Supreme Court in a catena of judgments and violating the principle o