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2009 DIGILAW 1454 (RAJ)

Billu @ Abrej v. State of Rajasthan

2009-06-08

MAHESH BHAGWATI

body2009
JUDGMENT 1. - This order governs the disposal of the bail application filed under Section 439 of Cr.PC. by Mr. Abdul Kalam Khan, Advocate on behalf of the petitioner Billu @ Abrej pertaining to FIR No. 28/09 of Police Station Kaithunipole, District Kota in the offence under Sections 307, 147, 341, 323 of IPC and Section 4/24 of Arms 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 the petitioner is in custody for the last 17 months. Out of four offences, the only offence under Section 4 read with Section 25 of the Arms Act is non-bailable and rest are bailable. The learned Sessions Judge, Kota has dismissed the bail application on the ground that the petitioner has been found to have been involved in many other criminal cases but, that cannot be a ground of rejection of a bail petition. The case has been pending trial which is likely to take time, hence, the petitioner may be granted indulgence of bail. 4. Learned Public Prosecutor appearing for the State has opposed the bail petition on the ground that the petitioner has been involved in as many as 23 criminal cases. The petitioner is a habitual offender and he should not be granted indulgence of bail. 5. Having considered the submissions made at the bar and carefully scanned the relevant material available on record including the order dated 18.5.2009 rendered by the learned Sessions Judge, Kota, it is noticed that the petitioner has been involved in as many as 23 other criminal cases and he cannot be and must not be granted a licence of bail to commit 24th offence while remaining on bail and to my firm view, under the circumstances, the petitioner does not deserve any indulgence of bail. 6. In the result, the bail petition filed on behalf of the accused petitioner Billu @ Abrej under Section 439 of Cr.P.C. stands dismissed.Petition For Bail Dismissed. *******