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2009 DIGILAW 1449 (RAJ)

Bijendra @ Dholia v. State of Rajasthan

2009-06-04

MAHESH BHAGWATI

body2009
JUDGMENT 1. - This order governs the disposal of second bail application filed under Section 439 of Cr.P.C. by Shri Mahendra Sharma Advocate on behalf of the applicant Bijendra @ Dholia pertaining to F.I.R. No. 71/2008-09 of police station Abkari, District Alwar in the offences under Sections 16/54 of Excise Act. 2. Heard the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the material on record. 3. Learned counsel for the petitioner has canvassed that earlier the bail petition was dismissed on the ground that he has been facing trial in more than one criminal case. The petitioner has been in custody since 14.01.2009 and after completion of investigation, the police report under Section 173(2) of Cr.PC. has been filed in the court which is pending trial. Trial of the case is likely to take time, hence, he may be granted indulgence of bail. 4. Learned Public Prosecutor appearing for the State opposed the bail petition. 5. Having considered the submission at the bar and perused the relevant material available on record, I without expressing any opinion on the merits of the case, do feel inclined to grant bail to the petitioner and the bail petition is ordered to be allowed. 6. It is, therefore, ordered that the accused petitioner Bijendra @ Dholia S/o Arjun Balmiki in F.I.R. No. 71/2008-09 of police station Abkari, District Alwar shall be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- together with two surety bonds each of Rs. 25,000/- to the satisfaction of the learned trial Court with the stipulation that he shall appear before that Court on all dates of hearing and as and when called upon to do so till the trial is concluded. 7. However, it is made clear that if the petitioner is arrested or is found to be involved in a criminal case of a like nature, this bail order shall automatically stand cancelled without reference to this Court. A photo-copy of this or ,06r be sent to the concerned police station as also to the concerned court for their information.Bail Application Allowed. *******