1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Criminal Misc.IInd Bail Application No.6232/2009 Ram Bhajan vs. State of Rajasthan Dated : 12.08.2009 HON'BLE MR. MAHESH BHAGWATI,J. Mr. Sandeep Jain, for the petitioner. Mr. G.S. Fauzdar, Public Prosecutor for the State. This order governs the disposal of second bail application filed under Section 439 of Cr.P.C. by Mr. Sandeep Jain Advocate on behalf of the applicant Ram Bhajan pertaining to F.I.R. No. 159/2008 of Police Station Baroni, District Tonk in the offences under Sections 147, 148, 149, 323, 325, 307 and 302 of IPC. 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 canvassed that out of 33 witnesses, 11 prosecution witnesses have been examined. The main witness PW-7 Sita Ram Gurjar has not levelled any allegation against him and the witness PW-8 Ishwar lal has not supported the prosecution story and has turned hostile. Two injured witnesses also have turned hostile, hence, in view of the statements of the material witnesses, the petitioner may be granted indulgence of bail. 4. Learned Public Prosecutor has opposed the bail application on the ground that PW-7 Sita Ram Gurjar has supported the prosecution case and has specifically deposed that the petitioner assaulted his sword on the deceased, hence, his bail petition may be dismissed. 2 5. Having reflected over the submissions made at the bar and scanned the relevant material available on record including the bail order dated 22.07.2009 rendered by Additional Sessions Judge, Tonk, it is noticed that out of total 33 witnesses of prosecution, 12 witnesses have already been examined. Seven witnesses have left by the prosecution and one witness has expired during the pendency of trial. Thus, there are left only 11 witnesses to be examined. Learned trial court has observed in his bail order that there is satisfactory progress in the trial of the case and it seems that the trial shall conclude very soon. Keeping in view the observations of the learned trial court as also the statements of PW-7 Sita Ram Gurjar, I, do not deem it just and proper to grant indulgence of bail to the petitioner and the second bail petition deserves to be dismissed. 6. In the result, the second bail petition filed under Section 439 of Cr.P.C. on behalf of the accused-petitioner Ram Bhajan stands dismissed. (MAHESH BHAGWATI),J. Mak/- s-34