Mohd.Umar vs State on 12 August, 2009

                             // 1 //

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
         AT PRINCIPAL SEAT, JODHPUR

                     ORDER
                       In
     S.B. Cr. Misc. Bail Appl. No.4051/2009

           {Mohammed Umar Vs. The State of
           Rajasthan}

       Date of Order ::: 12th August, 2009

                      PRESENT
     HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN

Shri Sanjay Mathur, Counsel for petitioner
Shri Anees Bhurat, PP for the State
                      ####


By the Court:

Learned counsel for petitioner submits

that truck, in dispute, had already been sold

by the petitioner and he has wrongly been

impleaded as an accused in the present case.

I have considered the submissions of

learned counsel for the petitioner in the light

of reasons assigned by the Sessions Judge,

Dungarpur, in its order dated 30th June, 2009,

wherein it is mentioned that charge-sheet has

already been filed in the matter; the

petitioner is a registered owner of the truck

in dispute; a standing non-bailable warrant has

also been issued against the petitioner. It is

relevant to mention that the Rajasthan Excise

Act, 1950 has been amended vide Notification

dated 6th June, 2007.

// 2 //

After considering all the facts and

circumstances of the case, I am not inclined to

allow this application under Section 438,

Cr.P.C., and the same is accordingly dismissed.

(NARENDRA KUMAR JAIN), J.

//Jaiman//