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Court rejects bail to notorious land-grabber Gola Shah

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STATE TIMES NEWS

JAMMU: City Judge Jammu Manjeet Rai on Wednesday rejected bail application of a notorious land-grabber Ravinder Gupta alias Gola Shah.
According to case, on May 18, 2022 an application on the behalf of complainant namely Kamal Nabh Sharma, son of Late Hans Raj, resident of H. No: 123, Peer Mitha, Jammu, duly endorsed by SDPO City South Office, Jammu vide No 8192/SDCS dated May 18, 2022 was received at Police Station Gangyal stating that he wants to submit that one Ravinder Gupta alias Gola Shah had illegally, forcibly taken possession of land situated at Greater Kailash, Sunjwan Jammu.
He further stated that he had purchased a piece of land measuring 15-1/2 Marlas classified as Ghair-Mumkin Khad from attorney-holder Abdul Majeed falling under khasra No.549 Min which was registered in his name and mutation of the same has also been made in revenue records.
Further, he had constructed a boundary-wall over his plot but due to his service at different places, he could not construct a house there. Now after retirement, when he visited his plot at Greater Kailash, he found that his land has been illegally encroached and occupied by a notorious land grabber Ravinder Gupta alias Gola Shah. He has taken his land in boundary wall of his house. The complainant also approached Assistant Commissioner Revenue on May 12, 2015, who marked the application to the then Tehsildar Bahu to take necessary action and to clear land encroachment.
The then Tehsildar got report from Patwari Halqa who furnished his report in his favour on basis of revenue records. Since then he was requesting Gola Shah to vacate his plot, but time and again he is adopting delaying tactics. Last month, when he visited him at his house in Greater Kailash, abused and threatened him of dire consequences if he continue to pursue to get his land/plot vacated. Moreover, accused claimed that the encroached plot actually belongs to him as per land papers in his possession. The complainant further stated that as revenue department has given report in his favour, therefore it is clear that the papers in possession of Gola Shah are fake and forged with an intention to grab the land which actually belongs to him.
On receipt of application, FIR 53/2022 was registered in the police station, Gangyal for the commission of offences under sections 420, 467, 468, 504, 506 of IPC and investigation started. The IO visited the spot of occurrence and prepared the site plan thereof, recorded the statement of complainant under section 161 CrPC and on the basis of their statement, offence under section 379 IPC was added and accused Ravinder Gupta alias Gola Shah, son of Suraj Parkash, resident of Upper Greater Kailash, Jammu was arrested.
During investigation, the offence under sections 379, 504, 506 of IPC were established against accused, whereas, the investigation is continuing for offences under sections 420, 467, 468 of IPC.
City Judge Jammu Manjeet Rai after hearing APP Arvind Rathore observed that accused Gola Shah is allegedly involved in commission of offences under sections 379, 420, 467, 468, 504, 506 of IPC and the offences under section 379, 420, 467, 468 of IPC, which are non-bailable and serious in nature, as such, the accused cannot claim bail as a matter of right. Moreover, it would be premature to comment on evidence collected till date as the investigation of the case is at its initial stage.
Gola Shah is crime syndicate besides being History sheeter and habitual criminal addicted to crime and as per record available , FIR No 53/2022 u/s 420, 467, 468, 504, 506, 379 IPC of P/S Gangyal, the investigation of which is at initial stage and subject matter of this bail petition, accused has been found involved in number of heinous crimes within the jurisdiction of the different Police Station of Jammu district viz in P/S Gangyal FIR No. 27/2002 U/S 447,379 RPC; FIR No. 61/2004 U/S 447, 147 RPC; FIR No. 95/2006 U/S 420, 120­B RPC; FIR No. 101/2006 U/S 420 RPC; FIR No. 103/2006 U/S 420 RPC; FIR No. 9/2007 U/S 447, 420 RPC; FIR No. 24/2007 U/S 420 RPC; FIR No. 155/2011 U/S 427, 147 RPC; FIR No 163/2011 U/S 420, 467, 468, 471, 120­8 RPC; FIR No 171/2011 U/s 341, 504, 506 RPC ; FIR No.52/2012 U/S 420 RPC; In P/S Channi Himmat, FIR No. 53/2005 U/S 341, 323, 385 RPC; FIR No. 57/2006 U/S 353, 447/34 RPC; FIR No. 9/2007; U/S 447, 467, 468, 471 RPC; FIR No.182/2021 U/S 409, 120­8 IPC; In P/S Bahu Fort, FIR No. 128/2005 U/S 405, 406 RPC and 3/25 Arms Act; FIR No.42/2022 U/S 420, 467, 468, 452, 323, 504, 506 IPC; In P/S Gandhi Nagar, FIR No.42/2012 U/S 452, 471, 464, 469, 504, 506, 352, 120­4 B, 341 RPC 3/25 Arms Act; In P/S R S Pura, FIR No.31/2012 U/S 419, 420, 467, 468, 471, 120­B 34 RPC; In Crime Branch, Jammu, FIR No.19/2011 U/S 420, 120­8 RPC; FIR No.06/2019 U/S 419, 420, 465, 467, 468, 471 RPC.
In view of the serious nature of allegations and the involvement of the accused in various FIRs and as the accused is a history-sheeter, enlargement of accused on bail, would not only cause the impediment and obstacle in the completion of investigation but also shatter the confidence of the complainant. The accused does not deserve any leniency in grant of bail. There is also apprehension that if the accused/applicant released on bail, he will try to win over the prosecution witnesses and tamper with the prosecution evidence. With these observations, the Court rejected Gola Shah’s bail application.

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