Court reject pre-arrest bail of four real brothers in Criminal trespass case

19/06/2019

Jammu, Jun 18: Vacation Sessions Judge of Jammu, Additional Sessions Judge Jammu Tahir Kurshid Raina today rejected the bail application of four real brothers namely Balwant Singh, Ram, Balbandhar Singh, Sukhdev Singh and Mangal Singh sons of Shiv Ram all Residents of Burn, Tehsil Bhalwal, District Jammu who were allegedly booked by the police in 447/379/34 RPC.
According to the police case that FIR has been lodged on the direction issued by the Chief Judicial Magistrate under section 156(3) of Cr.P.C on 28.09.2018. As per the report after registering the said FIR investigation has been ensued. Statement of the witnesses have been recorded , the place of the occurrence has been identified by the Patwari halqua. As per the report a piece of land under Khasra No. 1417 comprising of 15 Kanals belongs to the complainant of the case, wherein he has installed poles which demarcate the said lands. As per the report the said poles have been stolen away by the accused.
Court after hearing Adv KS Chib for the applicants whereas Senior Prosecuting Officer Raj Kumar for the State and after perusal of the CD file reveals that inspite of clear direction from the court the accused have failed to approach the police to render their assistance with regard to fair investigation as directed by this court. Counsel for the accused has argued that it is a civil dispute which has been converned into criminal case just to harass the accused. The argument lacks convincing tendency for the reason that there may be a civil dispute going on between the parties but that does not mean that any of the party can take law into his own hands and tried to get something by exercise of money material, or muscle. If the case of the accused/applicant is that complainant was interfering in their land as argued by the counsel for the complainant, the remedy lies some where else and not to break the/ aw and stole the poles as stand rejected in the CD file. Court further observed that the accused have prima facie committed crime having no relation with the civil dispute in its nature and complexion. Moreover, I.O. of the case is on record to state in the case diary that the accused, since the date of grant of anticipatory bail i.e 24.05.2019 never ever approached him to present themselves before him for fair investigation. In view of it, accused persons disentitled themselves from the benefit of the provision of the Code. Police is yet in the process of the recovery of poles which has not yet been effected for the reason that accused got protection from this court from arrest nor they assisted the IO in the investigation. In view of it this anticiatory bail application is rejected. JNF

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