1 43 S.B.CRIMINAL MISC.SECOND BAIL APPLICATION NO.6377/2009 Vinod Vs. The State of Rajasthan DATE OF ORDER : 9th December 2009 HON'BLE MR.JUSTICE DINESH MAHESHWARI Mr.J.S.Bhaleria,for the petitioner. Mr.O.P.Singaria,Public Prosecutor for State. .... BY THE COURT The petitioner is accused of offences under Sections 19/54 of the Rajasthan Excise Act in FIR No.179/2009 Police Station, Hamirwas District Churu on the allegations that he had been the owner of the offending vehicle, said to be carrying illegally the excisable articles including different brands of country liquor and IMFL. Though it has been argued in this second bail application that the prosecution has failed to substantiate the charge against the petitioner in the evidence led before the Trial Court but then, it is noticed that the earlier bail plea of the petitioner was declined after noticing, inter alia, the facts that he had been convicted in the past for the offence under the Rajasthan Excise Act and three more cases were pending against him. When it has been pointed out during the course of submissions that all the nine relevant witnesses have been examined in the trial of the present case and the matter is 2 pending only for consideration of the prayer for production of FSL report; and looking to the overall facts and circumstances, at this stage, this Court does not find it justified to consider the bail plea of the petitioner. Though this bail plea is declined but then, in the totality of facts and circumstances, it shall be expected of the learned Trial Court to proceed with the matter most expeditiously and to try to conclude the same as soon as possible. With the observations aforesaid, this second bail application moved on behalf of the petitioner Vinod s/o Babu Lal under Section 439 Cr.P.C. stands rejected at this stage. (DINESH MAHESHWARI),J. s.soni