1 36 S.B. CRIMINAL MISC. BAIL APPLICATION NO. 6055/2009. Chautha Ram Vs. The State of Rajasthan Date of Order :: 15th December 2009. HON'BLE MR. JUSTICE DINESH MAHESHWARI None present for the petitioner. Mr. Mahipal Bishnoi, Public Prosecutor. ... BY THE COURT: This bail application under Section 439 Cr.P.C., filed way back on 22.06.2009, remained lying in defects for long and the defects were removed only on 16.11.2009. This bail application was, thereafter, registered and came up before the Court on 19.11.2009; and nobody appeared for the petitioner though the matter was called out twice over. However, the matter was adjourned to this date. Today also, the matter has been called out twice over but nobody has chosen to appear for the petitioner. It appears that the petitioner has already lost interest in prosecuting this bail application any further. This bail application was filed way back in the month of June 2009 with reference to the order dated 18.04.2009 as passed by the learned Sessions Judge, Churu; and the matter relates to the offence under Section 8/18 of the Narcotic Drugs and 2 Psychotropic Substances Act with the allegation of recovery of about 5 kilograms of opium from the possession of petitioner. It is also noticed that in the month of May 2009, two prosecution witnesses had already been examined in the trial. There appears no reason or justification to keep this bail application pending any further. When there appears no justification to keep this bail application pending any further and nobody has chosen to appear for the petitioner, in the totality of the circumstances, this bail application stands rejected but with the observation that this rejection shall not otherwise be not of any impediment for the petitioner to apply for bail afresh, if so advised; of course, in accordance with law. (DINESH MAHESHWARI), J. //Mohan//