IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. IInd Bail Appl. No. 9553/2009 Ramlal Vs. State of Raj. Dated : 03.05.2010 HON'BLE MR. MAHESH BHAGWATI,J. Mr. Vijay Singh, for the petitioner. Mr. Amit Punia, PP for the State. *** This order governs the disposal of second bail application filed under Section 439 of Cr.P.C. by Shri Vijay Singh, Advocate on behalf of the applicant Ramlal pertaining to F.I.R. No. 380/2007 of police station Chaksu, District Jaipur, for the offences under Sections 147, 148, 149, 341, 323, 325, 302 and 447 of IPC. 2. Heard the learned counsel for the petitioner as also learned Public Prosecutor for the State and perused the material on record. 3. Learned counsel for the petitioner canvassed that prosecution has examined as many as 18 witnesses and about 34 more witnesses are yet to be examined which is likely to take time. The witnesses already examined have not stated anything against the petitioner, hence, bail may be granted to him. 4. Learned Public Prosecutor appearing for the State has opposed the bail petition on the ground that all the material -2- witnesses have deposed that the accused was armed with Kharwadi and it is he who assaulted upon the skull of the deceased. There is no change in fact situation of the case after the rejection of the first bail petition, hence his second bail petition may be dismissed. 5. Having considered the submissions made at the bar and carefully perused the relevant material on record, I do not find any change in fact situation nor there has been any change in the circumstances of the case after rejection of the first bail petition on 16th March, 2009, hence, I, without expressing any opinion on the merits of the case, do not feel inclined to grant any indulgence of bail to the petitioner and thus his second bail petition deserves to be dismissed on those very grounds as enumerated in first Bail Order dated 16.3.2009. 6. In the result, the Second bail petition filed under Section 439 of Cr.P.C. on behalf of the accused-petitioner Ramlal S/o Gopiram stands dismissed. (MAHESH BHAGWATI)J. Pcg