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Surja Ram Vs. State of Rajasthan - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtRajasthan High Court
Decided On
Case NumberS.B. Cr. Misc. Bail Application No. 378/1977
Judge
Reported in1977WLN597
AppellantSurja Ram
RespondentState of Rajasthan
Excerpt:
criminal procedure code (new) - anticipatory bail--case at investigation stage--inquiry into affairs of co-operative society--held, courts should not interfere & hamper search for truth.;anticipatory bail application rejected - - 2. the case is only at the stage of investigation and the investigating officer is supposed to be as good and honest citizen of this country as any other man is and if an) case is made out against birdhichand, it is expected that he will not be spared. it impresses the public at large that violation of laws and depriving of the poor people of their right to obtain sugar is not a paying project crimes have their silent tongue, which roar and echoes in the atmosphere and ultimately law takes its own course......have been admitted to bail and as such there was no reason for the lower court to reject the bail application of the petitioner.2. the case is only at the stage of investigation and the investigating officer is supposed to be as good and honest citizen of this country as any other man is and if an) case is made out against birdhichand, it is expected that he will not be spared.3. as regards the accused-petitioner it would suffice to say that exposing and possibility of finding sufficient evidence to get punished those who had held an authoritative position in a co-operative society or at any other place may appear as a political vendetta at the first sight, but on a second thought its usefulness cannot be ignored. it impresses the public at large that violation of laws and.....
Judgment:

M.L. Shrimal, J.

1. Heard learned Counsel for the parties. Surja Ram son of Shri Kishnaram were the members of the Co operative Society named as Gram Sewa Sahkari Samiti Dhani Chopdaran. It is alleged that they used to obtain sugar for being distributed amongst the villagers. Some of the ration card holders have stated that though entries against their names have been made in the record but they were not given sugar. On these allegations a case under Section 3/7 of the Essential Commodities Act has been registered against Surja Ram petitioner and four others namely, Jhuntharam, Nagarmal, Surjaram and Ganpatram. The grievance of the leaned counsel for the petitioner is that though Birdhi Chand was incharge of the entire affair, yet no case has been registered against him and the petitioner is being harassed by the police for political reasons and two of the co-accused namely, Jhuntha Ram and Nagarmal have been admitted to bail and as such there was no reason for the lower Court to reject the bail application of the petitioner.

2. The case is only at the stage of investigation and the investigating officer is supposed to be as good and honest citizen of this country as any other man is and if an) case is made out against Birdhichand, it is expected that he will not be spared.

3. As regards the accused-petitioner it would suffice to say that exposing and possibility of finding sufficient evidence to get punished those who had held an authoritative position in a Co-operative society or at any other place may appear as a political vendetta at the first sight, but on a second thought its usefulness cannot be ignored. It impresses the public at large that violation of laws and depriving of the poor people of their right to obtain sugar is not a paying project Crimes have their silent tongue, which roar and echoes in the atmosphere and ultimately law takes its own course. It will not be a small gain to the people at large, if it succeeds in exploring the basic honesty in persons who hold important position in the Co-operative Societies, & other walk of life at least out of fear if not from any innate decency. Let courts not show undue complacence, obstruct and hamper the search for truth by interfering in investigation at every stage. Antisocial adventurers cannot claim for their nefarious activities large regard than for the defence of the society itself of which they form integral part.

4. With these observations the application for anticipatory bail is rejected. The learned Magistrate will consider the bail application on its merits after the arrest of the accused-petitioner or on his surrender before the concerned Court.


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