Mohammad Sadik vs State Of Rajasthan
2021 Latest Caselaw 3096 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1708/2021

Mohammad Sadik S/o Gulam Mohammad, Aged About 45 Years, By Caste Musalman, R/o Chak 3 S.H.P.D, P.s. Sadar Suratgarh, District Sri Ganganagar (Raj.).

(Presently Lodged At Sub Jail Suratgarh).

----Petitioner Versus State Of Rajasthan, Through P.p.

                                                                ----Respondent


For Petitioner(s)        :     Mr. S.R. Godara
For Respondent(s)        :     Mr. Mohd. Javed Gauri, P.P.



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                         Judgment / Order

04/02/2021

Heard the learned counsel for the petitioner as well as the

learned Public Prosecutor and perused the material available on

record.

The petitioner has been arrested in FIR No.11/2021 of Police

Station Suratgarh Sadar, for the offences punishable under

Sections 16/54 of the Rajasthan Excise Act. He has preferred this

bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the

petitioner has falsely been implicated in this case and he has been

made accused on the ground of enmity between the liquor

contractors. It is also submitted that the petitioner is in judicial

custody since long and, therefore, he may be enlarged on bail.

Per contra, learned Pubic Prosecutor has opposed the

bail application and submitted that in all six criminal cases have

(2 of 2) [CRLMB-1708/2021]

been filed against the petitioner and, out of which, in one of the

case relating to the Rajasthan Excise Act, the petitioner has been

convicted. It is also submitted that the petitioner is a habitual

offender, therefore, he may not be enlarged on bail.

Having regard to the totality of the facts and circumstances

of the case and after going through the material available on

record, I am not inclined to grant bail under Section 439 Cr.P.C. to

the petitioner.

Accordingly, the bail application preferred by the petitioner

under Section 439 Cr.P.C. is rejected.

(VIJAY BISHNOI),J

101-akash/-

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