High Court Rajasthan High Court - Jodhpur

Sukhvindra Singh vs State on 17 December, 2009

Rajasthan High Court – Jodhpur
Sukhvindra Singh vs State on 17 December, 2009
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1     S.B.CRIMINAL MISC. BAIL APPLICATION NO.4619/2009
          Sukhvindra Singh Vs. The State of Rajasthan


    DATE OF ORDER            :     17th December 2009

          HON'BLE MR.JUSTICE DINESH MAHESHWARI

    Mr.H.S.Shrimali,for the petitioner.
    Mr.Anil Joshi,Public Prosecutor for State.
                                    ....

    BY THE COURT

The learned counsel for the petitioner has again made a

request for adjournment in this matter that has been declined

today as this bail application, filed way back on 07.09.2009,

has remained pending yet with several adjournments on

11.09.2009, 18.09.2009, 13.10.2009 and 17.11.2009.

Now, the learned counsel submits that the challan

papers have been received by him today and has placed the

copies of the challan papers for perusal before the Court. The

learned counsel submits that quantity allegedly recovered from

the petitioner is merely 115 grams of opium and charge-sheet

has already been filed; and the petitioner, being in custody

since 28.08.2009, deserves indulgence at this stage.

After having heard the learned counsel for the petitioner

and the learned Public Prosecutor and after having examined

the challan papers, it is noticed that the contraband (115

grams opium) had been recovered from the possession of the
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petitioner and the allegations are that he was trading in the

opium while sitting on the Dhaba. In the totality of

circumstances, at this stage, this Court does not find it just and

proper to enlarge the petitioner on bail.

Accordingly, the bail application moved on behalf of the

petitioner Sukhvindra Singh s/o Sohan Singh under Section

439 Cr.P.C. stands rejected.

(DINESH MAHESHWARI),J.

s.soni