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1986 Supreme(Raj) 774

V.S.DAVE
Pooran Mal – Appellant
Versus
State of Rajasthan – Respondent


JUDGMENT

1. - This is second Bail Application under S. 438 Cr. P.C. Two samples were obtained from two different parties on successive days in town of Jhunjhunu by Sh. Tarachand Saharan, SDM Jhunjhunu and Shri Subhash Singh Kumaway, Enforcement Inspector, Jhunjhunu. One firm was M/s. Ramchand Sureshchand, Jhunjhunu; while other is Vishvakarma Automobiles of which the petitioners are the partners. Both of them moved Anticipatory Bail Applications before the Sessions Judge, which were rejected and thereafter both of them filed applications before this court. S.B. Misc. Cr. Bail Application No. 400/86 was listed before my brother Hon'ble G.G. Sharma, J. which did not find favour with him and was rejected. However, the bail application No. 398/86 was listed before me, but the file of he bail application No. 400/86 was not tagged. After hearing the learned counsel for both the parties directed the accused to be released on Bail. In fact this fact should have been brought to may notice that earlier bail application had been rejected particularly when the same learned counsel had appeared had appeared in the case in which the bail application has been rejected. However, second bail applic






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