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| Gola Shah denied bail, remanded to police custody | | | Early Times Report
Jammu,May 26: Principal Sessions Judge Jang Bahadur Singh Jamwal today rejected the bail application of Ravinder Gupta alias Gola Shah in an alleged case of forgery and fraud.
A case in this connection was registered against him at RS Pura police station under sections 419, 420, 463, 467, 468, 109, 120-B and 34 of RPC.
Rejecting the bail application, the judge, after hearing the two sides, observed that after the scanning of the case diary, it had emanated that while the petitioner was arrested in the commission of offences under sections 419, 420, 463, 467, 468, 109, 120-B and 34 of RPC, there were 17 more cases registered against him at different police stations under different sections of law.
Investigation of five of these was completed, while challans against him were pending in various courts. Five of them were under investigation.
Scanning of the case diary also showed that still the investigation was in the initial stage and the petitioner was a repeater of the offence.
Though an accused is presumed to be innocent unless he is proved guilty, due to the number of FIRs registered against him, the court was satisfied that such persons who were menace to the society had no right to come out of the jail.
The court is conscious of the fact that the bail as a matter of punishment cannot be refused but at the same time, the interest of the public as well as the conduct of the accused has to be kept in mind while granting bail to him. In case, the bail is granted to the petitioner, the court is satisfied that there is every possibility of his repeating the same kind of offence and fleeing from the trial.
The possibility of his attending the investigation as well as trial is bleak because he has already learnt to get down of the clutches of the law despite being repeater in the offence. The offence alleged to have been committed is punishable up to the life imprisonment, the gravity of the charge is also serious and other FIRs are identical and of the same kind.
With these observations, the court rejected the bail application.
Meanwhile, Jang Bahadur today allowed the appeal filed by police for setting aside impugned order of May 19, 2012, passed by electricity magistrate, Jammu, by virtue of which he had granted bail to Gola Shah.
After hearing the two sides, he observed that the grant of interim bail by the trial court was also not within the legal provisions of section 497 of CrPC. Nowhere is provided that the magistrate can admit a person to the interim bail.
Undoubtedly, the trial court had the powers to grant the absolute bail or refuse the same. The grant of intermediary bail to the accused is beyond the provisions of section 497 of CrPC. The provision of interim bail is being exercised by the high court, or the court of sessions, whereas the magistrate had no power to grant the interim bail to the accused.
The magistrate only seizes the jurisdiction of entertaining the bail when the accused is brought before him, or surrenders to the custody of the court, then only the alternative before the court is to grant the bail or refuse the same.
Grant of an interim bail to the accused is unknown to the legal provisions contained therein. The order drawn by the trial court is illegal, infracting the legal provisions and requires intervention.
The court observed that the order drawn by the trial court is set aside and the accused is committed to the custody again.
In the circumstances, the CJM directed to remand the accused to police custody. The term of police custody has to be decided by the CJM after hearing the two sides.
After the expiry or interceding the police remand, the accused is at liberty to move a fresh application for the grant of bail in this court. The record of the court of electricity magistrate is now transferred to the court of CJM.
Meanwhile, the CJM later granted remand of Gola Shah up to May 31, 2012. |
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