- (1.) THESE five second bail applications have been filed under section 439 Cr.P.C. by the accused petitioners Arvind, Girdhar, Jitendra, Daamji Bhai and Lalit Gagwani, in FIR No.427/2010 registered at Police Station Kotwali, District Dholpur for the offence under sections 5/9-B, 9 C of Explosive Act, 1884 but lateron during investigation offence under sections 5 and 6 of the Explosive Substances Act, 1908 and sections 420, 465, 467, 468, 471, 120 B IPC were also added.
(2.) EARLIER the petitioners Arvind, Girdhar, Jitrendra, Lalit Gagwani and Daamji filed bail application No. 1416 of 2011 along with accused person Sunil also. By the order of this court dated 2.6.2011, the first bail applications of these five petitioners along with Sunil was rejected by this court by a detailed order. Prior to it bail applications of the accused petitioner Arvind (Bail Application No. 01/2011), accused petitioners Girdhar, Jitendra, Damjibhai, and Lalit Gagwani along with Sunil ( Bail Application No. 02/2011) were rejected by the Additional Sessions Judge (Fast Track) No.1 Dholpur vide order dated 13.1.2011. Since all these five scond bail applications related to FIR No.427/ 2010, registered at Police Station Kotwali Dholpur District Dholpur against the accused petitioners, they are being disposed by this common order. Brief facts in short are that Rajasthan Explosive and Chemical Limited Dholpur is manufacturing and supplying explosive articles throughout the country since 1981 through registered dealers. In the month of July, 2010 the police authorities of Police Station Baheriya District Sagar lodged a report for an offence under Section 9-B of the Explosives Act. In the report it was alleged by the police authorities that the supply of explosives made to M/s. Ganesh Explosives by RECL between April 2010 to June, 2010 has been made in violation of the Explosives Rules, 2008 giving rise to an offence under section 9- B of the Explosives Act. The said report was registered as FIR No. 161/2010 on 13.7.2010. Similarly an FIR No. 310/2010 came to be lodged at Police Station Chanderi, District Ashok Nagar (MP) regarding supply of explosives by RECL to M/s. Sangam Explosive. The said FIR was lodged on 26.8.2010. In the said report it was alleged that the supply made to dealer M/s. Sangam Explosives by RECL has been in contravention of Explosives Rules, 2008 leading to an offence punishable under sections 420, 467, 468, 471, 120 B IPC, and Section 9 B of Explosives Act. The Police Station Kotwali, Dholpur also registered a fresh FIR against the officiails of RECL, including the Managing Director which came to be registered as FIR No. 427/2010 for offences punishable under sections 5/9 B, 9 C of Explosives Act. During the investigation the police has also added offences punishable under section 6 of Explosive Substances Act, sections 420, 120 B, 286, 467, 468, and 471 IPC. During the course of investigation of FIR No. 427/ 2010 of Police Station Kotwali, Dholpur, the accused petitioners came to be arrested. From the FIRs it is clear that from 1.4.2010 to 15.7.2010 160 trucks of explosives from RECL were disposed in an illegal manner to the persons other than licence holders. The allegation against the accused petitioners Arvind, Girdhar, Jitendr, Daamji Bhai, and Lalit Gagwani is that the demand drafts were got prepared by them from their own Bank account openly and without any attempt to conceal their real identity. These five accused petitioners are working as commission agents and the demand drafts in dispute were made in the regular course of business. Mr. Yatin Oza, Senior Advocate assisted by Mr. Harshil J. Dholakia, advocate and Mr. Suresh Kumar Sharma, advocate appearing for these five accused petitioners drawn the attention of this court towards the order of the Apex Court dated 2.9.2011 and thereafter corrected by the Apex Court dated 7.9.2011. The learned Senior Counsel has further drawn the attention of this court towards the order dated 30.3.2012 of the Apex Court and has contended that the accused petitioners are in judicial lock up since 16 months and the cases of these five accused petitioners are similar and on identical footing of the case of Sunil, who has been granted bail by the Apex Court by the above order dated 30.3.2012. The learned Senior counsel for the petitioners has submitted that the next date in the trial court is 11.5.2012. In these circumstances, the learned Senior Counsel has argued that these five petitioners should also be enlarged on bail.
(3.) MR. Peeyush Kumar, the Public Prosecutor opposed the bail application of the accused petitioners and stated that the accused petitioners are involved in obtaining illegal delivery of 160 trucks of explosives and thereafter selling the same to the persons other than licencee. The accused petitioners are involved in a case of illegally obtaining explosives and there are serious allegations against the accused petitioners and at this stage they are not entitled to be released on bail under section 439 Cr.P.C. The learned Public Prosecutor further opposed the bail applications of these five accused petitiones on the ground that there is no new circumstance to be considered by this court for enlarging the accused petitioners on bail. I have learned counsel for the accused petitioners and the Public Prosecutor. The Additional Sessions Judge Fast Track No.1 Dholpur while rejecting the bail applications of these accused petitioners in FIR No. 427/2010, observed as under: ...[VERNACULAR TEXT OMMITED]... ;