PARMESHWAR VYAS Vs. UNION OF INDIA

JUDGEMENT

(1.) Under-trial accused-petitioner languishing in jail since 4th of November, 2016, for offence under Sections 8(c), 22(c), 9A, 23(c) and 29 of the NDPS Act, in connection with Sessions Case No.192/2017, pending before the Court of Special Judge, NDPS Cases, Udaipur (for short, 'learned trial Court'), has laid this second post-arrest bail application. The said sessions case is arising out of FIR No.DRI/UZU/JRU/19/INI-4/2016 dated 26.04.2017.

(2.) First bail application of the petitioner bearing No.4722/2017 was dismissed on 18.08.2017 by a detailed order.

(3.) Arguing on this second bail application, it is submitted by learned Senior Counsel, Mr. Mahesh Bora, that charge-sheet in the matter was filed before rejection of first bail application but there is no progress much less material progress in the trial since order dated 18.08.2017. Learned Senior Counsel has argued that so far even charges have not been framed by learned trial Court. Learned Senior Counsel would contend that at the behest of accused-petitioner, an application under section 227 of Cr.P.C., 1973 was filed on 17.02.2018 before the learned trial Court with the aid of supporting documents, highlighting a very vital fact that since 01.12.2012 he had no access to the industrial plot situated at RIICO Industrial Area, Dhoinda, District Rajsamand, yet the learned trial Court, has not made any endeavor to examine the same till date, is a fact of great significance, highlighting substantial change in the circumstances after rejection of the first bail application. Mr. Bora, learned Senior Counsel submits that if the documents are objectively examined then undeniably no sufficient ground survives for proceeding against petitioner in the matter.