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23 S.B.CRIMINAL MISC.SECOND BAIL APPLICATION NO.6572/2009
Kalu Ram Vs. The State of Rajasthan
DATE OF ORDER : 17th December 2009
HON'BLE MR.JUSTICE DINESH MAHESHWARI
Mr.Vineet Jain,for the petitioner.
Mr.O.P.Singaria,Public Prosecutor for State.
....
BY THE COURT
The petitioner has moved this second application for
bail after filing of the charge-sheet in the matter wherein he is
accused of offences under Sections 366, 376, 342, 120B IPC.
The first bail application as moved by the petitioner,
though was filed on 14.05.2009 but when came up for
consideration on 28.07.2009, the counsel for the petitioner
submitted that as per his instructions charge-sheet had been
filed in the matter; and this Court, while observing that the
earlier bail application was dismissed by the learned Sessions
Judge during the investigation, proceeded to dispose of the
said first bail application with liberty to the petitioner to move
for bail afresh before the Sessions Judge.
The next bail application as moved by the petitioner
was rejected by the learned Sessions Judge on 21.08.2009;
and, with reference to the said order, the present bail
application has been filed on 15.12.2009.
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Upon the Court’s query on the stage of the proceedings,
the learned counsel for the petitioner has pointed out that the
matter is fixed for prosecution evidence on 23.01.2010.
Looking to the nature of accusations and the totality of
the circumstances, though this Court is not inclined to extend
indulgence to the petitioner at this stage, and more particularly
until the prosecutrix is examined in the trial; but then, it does
appear appropriate to observe that if the petitioner makes a
request to the learned Trial Court for expeditious proceedings
and for examination of the prosecutrix at the first, the same be
given due consideration.
With the observations aforesaid, this second application
for bail moved on behalf of the petitioner Kalu Ram s/o
Kanaram under Section 439 Cr.P.C. sands rejected at this
stage.
(DINESH MAHESHWARI),J.
s.soni