GANESH RAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner has filed this second bail application under Section 438 Cr. P. C. before this Court on 7. 2. 2005 after dismissal of his first bail application u/s 438 Cr. P. C. on 1. 2. 2005.

(2.) ONE Shri Harpreet Singh, an official of Municipal Board, Hanumangarh Town, lodged a FIR on 18. 09. 2004 at Police Station, Vishwakarma, Jaipur wherein it was alleged that on 17. 09. 2004 he alongwith Mr. Madan Singh Budhaniya, Executive Officer, Municipal Board, Hanumangarh was travelling in the bus of Sharma Travels from Hanumangarh to Jaipur alongwith two bags of record containing 41 files in one bag and six files in another bag. During the journey, one sumit, member of Municipal Board also came in the said bus at Bus Stand, Pallu. When they reached Jaipur, then he saw that both the bags were missing. During investigation, some evidence came on record that Sumit took some files from the bus and gave to the petitioner, who was travelling in car.

(3.) IN the following cases, the Second, Third and Fourth Bail Applications u/s 438 Cr. P. C. were entertained but, the issue as to whether the subsequent or Second Bail Application u/s 438 Cr. P. C. is maintainable or not, was not considered :- (1) Nahar Singh vs. State of Rajasthan (4), (2) Yad Ram vs. State of Rajasthan (5), (3) Bhagwan Singh vs. State of Rajasthan (6), (4) Bhag Singh vs. State of Rajasthan (7), (5) Islam Mohammed vs. State of Rajasthan (8), (6) Smt. Premlata vs. State of Rajasthan (9) and (7) Jetha Ram vs. State of Rajasthan 9 (i) IN Mitthu vs. State of Rajasthan (11), this Court considered the question as to whether the Second Bail Application u/s 438 Cr. P. C. is maintainable or not and it was held that Second Bail Application is not maintainable. 9 (ii) IN Suresh Chand vs. State of Rajasthan (12), the question as to whether the Second Bail Application u/s 438 Cr. P. C. is maintainable or not, this Court took a view that second bail application u/s 438 Cr. P. C. is not maintainable.