High Court Rajasthan High Court - Jodhpur

Parmesh vs State on 17 September, 2009

Rajasthan High Court – Jodhpur
Parmesh vs State on 17 September, 2009
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2        S.B.CRIMINAL MISC.SECOND BAIL APPLICATION NO. 4291/2009
                  Parmesh    Vs. The State of Rajasthan


    DATE OF ORDER              :     17th September 2009

            HON'BLE MR.JUSTICE DINESH MAHESHWARI

    Mr.Mridul Jain,for the petitioner.
    Mr.Ashok Prajapat, Public Prosecutor for State.
                                     ....

    BY THE COURT

The petitioner is accused of offence under Section 19/54
of the Rajasthan Excise Act. The first bail application as
moved by the petitioner was dismissed as not pressed on
07.07.2009.

The petitioner has moved this second bail application
with the submissions that challan has since been filed and he
is in custody since 29.05.2009 and co-accused have already
been granted bail.

It was noticed while considering the first bail application
that the petitioner had been involved in two cases previously
relating to the offences under the Rajasthan Excise Act. The
fact of the petitioner’s involvement in such cases is not denied.
On such facts and looking to the over all circumstances, this
Court is not inclined to grant the petitioner indulgence.

This second bail application as moved on behalf of the
petitioner Parmesh is, therefore, rejected. However, the
learned Trial Court may consider the fact that the bail plea of
the petitioner has been declined only for his previous
involvement in two cases; and try to proceed expeditiously with
the matter.

s.soni                                   (DINESH MAHESHWARI),J.
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