IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. Bail Application No. 6560/2009 Ajay Sharma vs. State of Rajasthan Date of Order :: 07.09.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Sharad Purohit, Counsel for the petitioner. Mr. Amit Poonia, Public Prosecutor for the State. This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Shri Sharad Purohit, Advocate on behalf of the applicant pertaining to F.I.R. No.52/2009 of police station Udhyog Nagar, Kota City registered for the offence under Section 19/54 of Rajasthan Excise 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. Two thousand three hundred ninety two quarters illicit country liquor is alleged to have been recovered from the conscious possession of the petitioner, which he was transporting in a Tata 407 pick up - RJ 20 GA 0996 without any license. 4. Learned counsel for the petitioner has canvassed that he has been in custody for the last six and half months; in most of the cases pending against him, he has been acquitted; the offence, wherein the petitioner is alleged to have been involved is triable by the Court of Judicial Magistrate (First Class), hence the petitioner may be granted granted indulgence of bail. -2- 5. Learned Public Prosecutor has vehemently opposed the bail application on the ground that the petitioner has been facing trial court in 10 criminal cases, a list of which has been annexed; the petitioner is a habitual offender, hence his bail application may be dismissed. 6. Having considered the submissions made at the bar and carefully perused the relevant material available on record, it is noticed that 10 criminal cases relating to the offence of 13 RPGO, 457, 380, 147, 149, 323 of IPC, and 19/54 of the Excise Act are registered against him. The antecedents of the petitioner to do not seem to be unblemished. He seems to be a habitual offender. It is true that he has been in custody for the last six and a half months, however, keeping in view his antecedents, I don't feel inclined to grant bail to the petitioner and the bail petition deserves to be dismissed. 7. In the result, the bail application filed by the petitioner under Section 439 Cr.P.C. stands dismissed. (MAHESH BHAGWATI), J. DK/-