S.B.CR. MISC. IIND BAIL APPL.NO.9655/2008 MAHENDRA AND ORS. VS. STATE. 19.12.2008 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. SM Jain, for the petitioners. Mr. Shyam Arya, Public Prosecutor for the State. This order governs the disposal of second bail application filed by Shri SM Jain, Advocate on behalf of the applicants Mahendra and Suresh pertaining to F.I.R. No. 156/2008 of Police Station Kanwas, Distt. Kota in the offence under Section 136 of Indian Electricity Act; (Case No.200/08, Special Judge, Electricity Offences Cases & Additional Sessions Judge No.1, Kota). Heard the learned counsel for the petitioners as also the learned Public Prosecutor appearing for the State and scanned the material available on record. The learned counsel for the petitioners has contended that after completion of investigation, the challan has been filed against the accused persons in the Court and the case is pending trial. Earlier the bail petition of the petitioners was dismissed on the ground that they were involved in more than one cases. The learned counsel for the petitioners has submitted that one more case has been pending against him of alike nature and the trial of the case shall take time. Hence, it shall not serve any purpose if they are detained in custody and as such they may be released on bail. The learned Public Prosecutor has vociferously opposed the bail petition on the ground that the accused petitioners have been involved in more than one cases of different nature, including the offences of attempt to commit murder etc. There has been no substantial change in the circumstances of the case, as such their bail petition may be dismissed. -2- Having considered the submissions advanced by both the parties and scanned the relevant material including the earlier bail order dated 23rd October, 2008 of this Court, I, without expressing any opinion on the merits of the case but keeping in view the facts and circumstances of the case as also the antecedents of the petitioners, do not feel inclined to grant indulgence of bail to them and their second bail petition also deserve to be dismissed. In the result, the second bail petition filed on behalf of the accused petitioners Mahendra and Suresh under Section 439 of Cr.P.C also stand dismissed. The learned trial Court is directed to expedite the trial as the accused persons have been in custody since 28th September, 2008. (MAHESH BHAGWATI)J. PCG