HARISH KUMAR SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) S.B. Criminal Misc. Third Bail Application No. 9933 of 2011 and S.B. Criminal Misc. Third Bail Application No. 9930 of 2011, have been filed by the petitioner Harish Kumar under Section 439 Cr.P.C. in criminal cases Nos. 101/11 (224/11) and 100/11 (225/11) pending before the Addl. Chief Judicial Magistrate No. 1 Shrimadhopur. Brief facts of the case are that FIR Nos. 18/2010 and 17/2010 were registered at Excise Circle, Neem Ka Thana for offence under Sections 18/ 54 of the Rajasthan Excise Act in which it was stated that M/s. Agribiotech Industries Pvt. Ltd. moved a written application in the office of Excise Inspector, Neem Ka Thana stating that M/s. Premier Distilleries Pvt. Ltd. Puducheri has placed an order for supply of 40000 ltrs. extra neutral alcohol and in support thereof it had produced a "No objection Certificate" of Deputy Commissioner (Excise) Puducheri dated 3.11.2010. According to this No objection Certificate 40,000 Ltrs. Extra neutral alcohol was permitted to be exported. On the basis of aforesaid imported permit the District Excise officer Sikar has issued import permits SKR 016490 dated 22.11.2010 and SKR 016491 dated 22.11.2010. Thereafter on the basis of the aforesaid import permit transportation permit No. SKR 012791 dated 22.11.2010 and SKR 01292 dated 22.11.2010 were issued. On the basis of these export and transport permits in two tankers 20,000 ltrs. each extra neutral alcohol (total 40,000 ltrs.) were loaded for onwards delivery to M/s. Premier Distilleries Pvt. Ltd. RS No. 62/08 Madukarai Road Manglam. Village Villianur Commune Puducherry. Thereafter the Deputy Commissioner Puducherry has informed to the Excise authorities that the alleged aforesaid "No Objection Certificate" was not issued by his office and the same is forged. In this manner the accused petitioner deceived to the department and obtained the export permits and transportation permits. On the basis of the aforesaid report an FIR No. 18/2010 was registered at Excise Circle, Neem Ka Thana for offence under Sections 18/ 54 of the Rajasthan Excise Act. After investigation the excise officials have arrested the accused persons. Thereafter the petitioner has moved bail application before the trial Court under Section 437 Cr.P.C. which was dismissed and thereafter before the Court of Addl. Sessions Judge (Fast Track) No. 2 Sikar Headquarter at Srimadhopur which was also dismissed vide order dated 5.1.2011. The petitioner along with co-accused Ram Babu Singh, and Bijendra Kumar, earlier filed bail applications before this Court under Section 439 Cr.P.C., which was registered as S.B. Criminal Misc. Bail Application No. 235/2011 and 251/2011. By the order dated 12.1.2011, this Court rejected the bail application No. 235/2011 and 251/2011 observing as under:-

(2.) At the time of rejecting the first bail application, liberty was given to move bail application before the trial Court after filing of the challan. After filing of the challan, the petitioner and one Vijay Kumar Sharma moved bail application before the trial Court but the same was rejected vide order dated 2.5.2011. After rejection of the bail by the trial Court the petitioner and Vijay Kumar Sharma filed second bail application No. 4274/2011 before this Court and by the order dated 18.5.2011 this court rejected the bail application observing as under:

(3.) The petitioner Harish Kumar alone with Vijay Kumar Sharma, Vijendra Kumar Sharma and Rambabu Singh, filed bail application before the trial court and the trial court vide order dated 7.9.2011 rejected the bail applications by separate orders under Section 437 Cr.P.C. Thereafter the petitioner Harish Kumar along with Vijay Kumar Sharma, Vijendra Kumar Sharma and Rambabu Singh, filed bail applications under Section 439 Cr.P.C. before the Additional Sessions Judge (Fast Track No. 2) Sikar Headquarter at Shrimadhopur. The Additional Sessions Judge (Fast Track) No. 2 Sikar Headquarter Shrimadhopur rejected the bail application of the accused persons vide order dated 13.9.2011 observing as under: