S.B.CR. MISC. IIND BAIL APPLICATION NO.7891/2008 RAMCHARAN VS. STATE OF RAJ. 14.11.2008 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Anshuman Saxena, for the petitioner. Mr. BS Chhaba,Public Prosecutor for the State. This order governs the disposal of second bail application filed by Shri Anshuman Saxena, Advocate on behalf of the applicant Ramcharan pertaining to F.I.R. No. 129/2008 of Police Station Adarsh Nagar, District Jaipur in the offence under Section 379 of IPC. Heard the submissions advanced by the learned counsel for the petitioner as also the learned Public Prosecutor appearing for the State and perused the case diary along with the relevant material on record. Learned counsel for the petitioner has submitted that the petitioner has been in custody for the last two months. The trial of the case is likely to take time. The offence of theft is also punishable with an imprisonment of three years which is triable by the Court of Judicial Magistrate First Class, as such, he may be considered for being released on bail, with any stipulation the Court deems fit. The learned Public Prosecutor has opposed the bail petition mainly on the ground that the petitioner not only is alleged to have been found involved in theft of Motorcycles but arms are also alleged to have been recovered from his illegal possession. He is found to be involved in four criminal cases which pertain to the theft of Motorcycles. He being a habitual offender of committing the theft of Motorcycles, does not deserve bail. Having reflected over the submissions made by both the parties and perused the first bail order, I do not find any good ground to change my earlier view and this second bail petition too deserves to be dismissed as he has been found to be involved in four criminal cases of alike nature. In the result, the second bail petition filed under Section 439 Cr.P.C on behalf of the petitioner Ram Charan Alias Bablu S/o Shri Ram Bhajan Alias Bhajanlal by caste Meena, R/o Village Kishorepura, Police Station Lalsot District Dausa stands dismissed accordingly. (MAHESH BHAGWATI)J. PCG