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2008 DIGILAW 13 (RAJ)

Babu v. The State of Rajasthan

2008-01-03

RAGHUVENDRA S.RATHORE

body2008
JUDGMENT 1. 1. Heard learned counsel for the petitioners and learned Public Prosecutor for State and also perused the material on record. 2. This is a second application for bail filed by the petitioners. The earlier bail application was filed by the petitioner was not pressed, at that stage. Therefore, the said bail application was dismissed as not pressed at that stage.Now, the second application has been filed primarily on the ground that the investigation is complete and challan has been filed in this case on 30.11.2007. 3. I have taken into consideration the submissions made by the learned counsel for the petitioners andalso perused the evidence on record filed alongwith the charge-sheet. In this case, challan has been filed against three accused persons and the other two accused are absconding. The charge-sheet in this casehas already been submitted against the said two persons under Section 299 Cr.P.C. 4. So far as the present petitioners are concerned, they were caught on the spot and the petitioner Babu was armed with a pistol alongwith two live cartriges. The petitioner Kundan was possessing a sword and was also having knife in his pocket. The case of the prosecution is that the petitioners alongwith three others were making preparation, at about 3.30 a.m. On 9.9.2007, to commit decoity at Patiala Bank. 5. The principle of law as laid down by the Hon'ble Supreme Court in the case of State of Maharashtra v. Ritesh 2001 Cr.L.R. (SC) 329 is that once a charge sheet has been filed in the trial Court, this Court under normal circumstances should permit the accused to get a verdict of innocence or involvement from that Court under Chapter XVIII of the Code of Criminal Procedure. 6. Without expressing any opinion on the merits of this case but taking into consideration the overall facts and circumstances of the case, I do not consider it just and proper to grant indulgence of bail to the petitioners u/s 439 Cr.P.C. 7. Consequently, the present Second bail application is dismissed.Second Bail Application dismissed. *******