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2025 DAILYLAW 37640 (RAJ)

SAWAIRAM @ SAWAI S/O SHRI HAPURAM v. THE STATE OF RAJASTHAN

CRLMB/13303/2025 · 2025-10-15

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:42315] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No.13301/2025 Manohar S/o Shri Kevalaram, Aged About 29 Years, R/o Nambol, Police Station Jataran, District Beawar (Rajasthan) (Accused Presently Confined In Sub Jail Jataran, District Beawar). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No.13302/2025 Patelaram @ Patel S/o Shriram, Aged About 27 Years, R/o Nimbol, Police Station Jataran, District Beawar (Rajasthan) (Accused Presently Confined In Sub Jail Jataran, District Beawar). ----Petitioner Versus State Of Rajasthan, Through The Pp ----Respondent S.B. Criminal Miscellaneous Bail Application No.13303/2025 Sawairam @ Sawai S/o Shri Hapuram, R/o Nimbol, Police Station Jataran, District Beawar (Rajasthan) (Accused Presently Confined In Sub Jail Jataran, District Beawar). ----Petitioner Versus The State Of Rajasthan, Through The Pp ----Respondent For Petitioner(s) : Mr. Mamraj Jat For Respondent(s) : Mr. Amit Punia, Addl. GA-cum-PP JUSTICE ANOOP KUMAR DHAND Order 15/10/2025 1. These bail applications under Section 483 B.N.S.S. have been filed by petitioners in connection with the FIR No.352/2023 registered at Police Station Masuda, District Beawer wherein they have been charged for the offences punishable under Section 379 IPC. [2025:RJ-JP:42315] (2 of 2) [CRLMB-13301/2025] 2. Learned counsel for the petitioners submits that the alleged offence under Section 379 IPC is triable by Magistrate. Learned counsel submits that charge-sheet has been filed and the petitioners are in custody since November, 2024 and trial will take its own time to conclude, therefore indulgence of bail be granted to the petitioners. 3. Per contra, learned Public Prosecutor opposes the prayer made by learned counsel for the petitioners and submits that accused-petitioners are habitual offenders and they are in habit of committing and repeating the same offence again and again. Learned counsel submits that 8 cases of similar nature are pending against the petitioner-Manohar, 19 cases of Patelaram and 15 cases of Sawairam. Learned counsel submits that petitioners are using the liberty of bail and are indulged in committing and repeating the same offence again and again, hence, they are not entitled to get the benefit of bail. 4. Heard and considered the submissions made at the Bar and perused the material available on record. 5. Considering the arguments put forward by learned Public Prosecutor and looking to the huge number of criminal cases lodged against the petitioners for the same offence under Sections 457, 383, 379 and 392 IPC, this Court is not inclined to accept the bail applications submitted by the petitioners, at this stage. 6. Accordingly, these bail applications stand dismissed. However, the petitioners would be at liberty to move application for revival of their prayer for bail after two months, if the trial is not concluded. (ANOOP KUMAR DHAND),J Karan/206-208