1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. 2nd Bail Application No. 6892/2009 Bhawani @ Pappu vs. State of Rajasthan Dated : 08.09.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Ravi Kasliwal, for the petitioner. Mr. Amit Punia, Public Prosecutor for the State. This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Mr. Ravi Kasliwal Advocate on behalf of the applicant Bhawani @ Pappu pertaining to F.I.R. No. 80/09 of police station Mangaliyawas in the offence under Section 19/54 of Rajasthan Exicse Act. 2. Heard the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the material on record. 3. Learned counsel for the petitioner has contended that the petitioner is alleged to have been found in possession of only 24 bottles of dry gin. The petitioner has been in custody for quite a long time and the alleged offence is triable by the Judicial Magistrate, First Class. Hence, he may be enlarged on bail. 4. Learned Public Prosecutor appearing for the State has opposed the bail petition chiefly on the ground that the petitioner has been involved in as much as 20 criminal case of alike nature. The petitioner is a habitual offender and, thus, his bail petition may be dismissed. 2 5. Having considered the submissions made at the bar and carefully perused the relevant material on record including the bail order dated 27.06.2009 rendered by the learned Sessions Judge, Ajmer, it is noticed that the petitioner has been involved in twenty criminal cases including the present one, registered in different police stations. The petitioner seems to be a habitual offender and he cannot be permitted to commit the 21st offence. Albeit, learned counsel for the petitioner has submitted that the pendency of criminal cases cannot be a ground for the rejection of the bail petition. I do not agree with this proposition advanced by the learned counsel for the petitioner. I am of the firm opinion that if the accused is a habitual offender and he is found involved in more than one criminal cases, the petitioner unequivocally and undeniably cannot be permitted to commit the 21st offence of alike nature and in view of this position, the petitioner cannot be granted bail and his bail petition deserves to be dismissed. 6. In the result, the bail petition filed under Section 439 of Cr.P.C. on behalf of the accused-petitioner Bhawani @ Pappu stands dismissed. (MAHESH BHAGWATI),J. MaK/- 19