Judgment · High Court

Mr. PC Sharma, for the petitioner. Mr. BS Chhaba, Public Prosecutor for the State. This order governs the disposal of second bail application filed by Shri PC Sharma, Advocate on behalf of the applicant Muktyar @ Ram Kuwar pertaining to F.I.R. No. 57/2008-09 of Police Station Excise, Sanganer, District Jaipur in the offence under Section 19/54 of the Rajasthan Excise Act, 1950. Heard the submissions advanced by the learned counsel for the petitioner as also the learned Public Prosecutor appearing for the State and perused the relevant material on record. Learned counsel for the petitioner has contended that the petitioner has been in custody since 23rd October, 2008 and the case is still pending investigation which is likely to take time. He has further contended that at the time of recovery the petitioner was not present on the spot and nothing seems to be recovered from his possession. Apart this, his wife has been suffering from the disease of liver and while drawing my attention to the medical reports, he has prayed to take a lenient view and grant indulgent of bail to the petitioner. Learned Public Prosecutor appearing for the state has opposed the bail petition mainly on the ground that earlier the first bail petition of the petitioner was dismissed primarily on the ground that he was found to have been involved in 9 criminal cases of alike nature. The case is still pending investigation and the challan has not yet been filed in the Court. Hence, the second bail petition also deserves to be dismissed. -2- Having reflected over the submissions made at the bar, I do not find any good ground to change my earlier view and accordingly the second bail petition filed on behalf of the applicant Muktyar @ Ram Kuwar under Section 439 Cr.P.C. stands dismissed. PCG (MAHESH BHAGWATI)J.