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S/25
S.B. CRIMINAL MISC. INTERIM BAIL APPLICATION NO. 6601/2009.
Prabhu Ram @ Ramesh Vs. The State of Rajasthan
Date of Order :: 17th December 2009.
HON'BLE MR. JUSTICE DINESH MAHESHWARI
Mr. Bhagirath Bishnoi, for the petitioner.
Mr. O.P. Singaria, Public Prosecutor.
...
BY THE COURT:
The petitioner, accused of offence under Section 8/15 of
the Narcotic Drugs and Psychotropic Substances Act with
recovery of 283 kilograms of contraband (Doda Post), applied
for temporary bail to the learned Trial Court with the
submissions that the marriage of his daughter was scheduled
on 25.12.2009.
The learned Trial Court proceeded to reject the prayer for
grant of temporary bail looking to the totality of the
circumstances and the gravity of the accusations against the
petitioner; and with the observations that the certificate
allegedly given by the Gram Panchayat was not bearing any
serial number and then, though a marriage card was produced
but no other supporting affidavit in relation to the facts asserted
had been produced.
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It is noticed that the second bail application as filed by the
petitioner has been recently dismissed by a Coordinate Bench
of this Court on 15.12.2009 as not pressed.
No supporting documents have been produced by the
petitioner in the present temporary bail application; and in the
totality of the circumstances, this Court does not feel persuaded
to grant indulgence of bail, even temporary, to the petitioner
and, therefore, this application for temporary bail under Section
439 Cr.P.C. moved on behalf of the petitioner Prabhu Ram @
Ramesh S/o Gopa Ram is rejected.
However, if the petitioner makes a request to the learned
Trial Court for attending the essential ceremonies in police
custody, such a request may be given due consideration.
With the observations, aforesaid, the application for
temporary bail stands rejected.
(DINESH MAHESHWARI), J.
//Mohan//