STATE TIMES NEWSJAMMU: CJM Jammu Amarjeet Singh Langeh, on Saturday, rejected bail application of a notorious thief, namely Balwant Raj, who was involved in various theft cases.While rejecting bail application, CJM Jammu Amarjeet Singh Langeh observed that examination of police report indicates that on June 14, 2021 complainant in the case lodged a written report with Police Post Sainik Colony -Jammu alleging therein that on May 27, 2021 his shuttering pipes, numbering about 150, were stolen by someone from his godown at flat no. E-6/681, Sainik Colony after breaking lock of gate. The complainant further alleged that he came to know that certain persons entered gate along with a load carrier and took away the pipes in aforesaid vehicle. Necessary entry was made in daily diary by police-post concerned and matter was submitted to Police Station Channi Himmat, Jammu, where FIR no. 115/2021 was registered and investigation started. During investigation, it is stated that applicant was rounded-up and during sustained interrogation he disclosed that after committing thefts of pipes, he sold the same to a scrap-dealer namely Ashok Kumar. Investigating Officer present in the court stated that 106 pipes have been recovered while 44 are yet to be recovered. It was also stated that applicant is also involved in three FIRs bearing no. 82/2021 for offence under section 379 of IPC and FIR no. 128/2021 for offence under section 379 of IPC. Both these FIRs are stated to be registered with Police Station Domana while third FIR is no. 13/2017 for offence under section 379 of RPC registered with Police Station Channi Himmat, Jammu. Presently, there are 4 FIRs against applicant and that too pertaining to theft and house-breaking. Investigation, as said hereinabove – would show that present is the 4th FIR against applicant out of which three have been registered in running year 2021. Facts therefore would roundly discern that applicant is prima facie a habitual offender. “Registration of 4th FIR within six months this year would only show that applicant has not dumped his instinct and morbid fascination to indulge in burglary (theft) repeatedly and at regular intervals. Notably, allegations against applicant are not that he stole a loaf of bread from the store to feed his family. Instead, applicant is alleged to have committed theft of 150 shuttering pipes from a godown at Sainik Colony, out of which 106 pipes are stated to have been recovered pursuant to disclosure made by applicant during investigation. The modus operandi adopted by applicant to commit offence in question is also daring. A load carrier along with certain persons seems to have been engaged in process where after an entry was made at place of occurrence and theft as alleged is committed. All this would prima facie show that applicant is a career/professional burglar/offender. The evidence collected during investigation so points out. It also needs to be noted that crimes like one in hand are against community as a whole. Further, incidents of theft in recent times have shown an alarming escalation in Jammu and these incidents are much to anguish and dis-enchantment of public at large. It needs no re-iteration that while considering bail application of a person who seems to be prima facie habitual offender, discretion to grant bail cannot be exercised in a whimsical manner and interest of society at large in such cases has also to be duly considered and taken note of (vide (2007) 1 SCC 70). In instant case, all factors viz nature and gravity of offence involved, character of evidence in support of allegations, punishment that offences involved carry and general impact on public at large of the offences involved in the case – go poignantly against applicant more particularly when investigation is at initial stage and subject matter of theft has not been wholly recovered,” the Court observed, and rejected bail application.
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