Court rejects bail of 3 including Gram Sewak for forgery
15/01/2019
JAMMU JAN 14: CJM Samba Ajay Gupta rejected the bail applications of Gurdyal Chand, Charan Dass and Girdhari Lal is state Govt, employee and is serving in Block Development office Samba, as Gram Sevak who forged documents and prepare a fake aggrement to sell.
While rejecting bail application, CJM Samba Ajay Gupta observed that CD. file shows that the thumb impression affixed on the agreement to sell is not complainants thumb impression and is forged one. The manner in which offences alleged to have been committed reveals the nature of an organized crime which aggravate the seriousness of the offences. There cannot be an inexorable formula in the matter of granting bail. The facts & circumstances of each case will govern the exercise of discretion in the matter of grant of bail among other consideration, which a court has to take into account in deciding whether bail should be granted in a non-bailable offence, is the nature of the offences, and if the offence is of a kind in which bail should not be granted considering its seriousness, the bail should be refused. Here in this case, the allegations against the accused are regarding the commission of an organized crime and the public interest is also involved in this case. The case is required to be dealt sternly & unbendingly. Moreover, such kind of offences is increasing day by day and the commission of such an offence is against the larger interest of the public. Though the bar under Section 497 Cr.P.c is not attracted in this case, yet the offence being non-bailable in nature, as such, accused persons cannot claim bail as a matter of right.
With these observations Court rejected the bail application. JNF
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