- (1.) THIS order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Mr. D.S. Jadaun Advocate on behalf of the applicant Bijendra pertaining to F.I.R. No. 71/08 of Police Station Abkari, Alwar in the offence under Section 16/54 of 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. Learned counsel for the accused-petitioner has contended that the accused is alleged to be involved under Section 16/54 of Excise Act which is triable by the court of Judicial Magistrate First Class. The investigation of this case has been completed and police report under Section 173(2) of Cr.P.C. has been filed in the competent court. Trial of the case is likely to take time. He is not habitual offender, hence, he may be granted indulgence of bail. Learned Public Prosecutor has opposed the bail petition. Having pondered over the submissions made at the bar and scanned the relevant material available on record it is noticed that the accused was found in the possession of 84 packets of illicit liquor who left the bag on the spot after seeing the police and fleed. The learned Session Judge, Alwar has observed in his bail order dated 21.01.2009 that the accused was facing trial in two more cases of alike nature. He seems to be a habitual offender. Hence, keeping in view these factors, I do not feel inclined to grant indulgence of bail to the accused petitioner. In the result, the bail petition filed on behalf of the accused-petitioner Bijendra under Section 439 of Cr.P.C. stands dismissed. The learned trial court is directed to expedite the trial, as the accused petitioner is in judicial custody. ;