Rajasthan High Court - Jaipur
Rajender Singh Urf Raju Banna vs State Of Rajasthan Through P.P on 6 April, 2012
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN 1. S.B. Cr. Misc. Bail Application No.2556/2012 Ramjan Vs. State of Rajasthan through Public Prosecutor 2. S.B. Cr. Misc. Bail Application No.2558/2012 Rajender Singh @ Raju Banna Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 06.04.2012 Hon'ble Mr. Justice Mohammad Rafiq Shri Ali Mohd. Khan, counsel for petitioners Shri G.S. Fauzdar, Public Prosecutor #### By the Court:-
Heard learned counsel for petitioners as well as learned Public Prosecutor and perused material made available to me during course of arguments.
Contention of learned counsel for petitioners is that allegation against petitioners in present case is of causing offence under Section 3/25 of the Arms Act. Learned court below rejected the bail application of petitioner Rajendra Singh @ Raju Banna on the ground of pendency of two previous cases against him; first for offence under Sections 143, 148, 149, 341, 307 and 427 IPC and second for offence under Sections 332 and 353 IPC. Bail application of petitioner Ramjan was rejected by the court below on the ground of pendency of two previous cases against him; first for offence under Sections 143, 148, 149, 341, 327, 307 and 427 IPC and second for offence under Section 13 of the R.P.G.O. Petitioners are in jail since 18.02.2012. Challan has been filed. Trial may take a long. Petitioners would undertake not to indulge in any offence in future and would maintain good conduct, if granted benefit of bail. There is no chance of fleeing the petitioners from justice.
Learned Public Prosecutor opposed the bail application.
After considering all the facts and circumstances of the case and without expressing any opinion on its merits, I deem it just and proper to allow these bail applications. It is therefore ordered that accused-petitioners, namely, (1) Ramjan S/o Suleman and (2) Rajender Singh @ Raju Banna S/o Bheem Singh, both R/o Harigarh, Police Station Khanpur, District Jhalawar (presently confined in District Jail, Jhalawar) be released on bail under Section 439 Cr.P.C., in FIR No.65/2012 and 64/2012, Police Station Khanpur, District Jhalawar, under Section 3/25 of the Arms Act, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each, to the satisfaction of the trial court for his appearance on all subsequent dates of hearing and as and when called upon to do so.
However, in case petitioners are again found indulging in any other offence at any point of time in future or the statement regarding pendency of criminal cases against them is found false, the bail granted to them by this court in present case would be liable to be cancelled at the instance of prosecution on this ground alone even by the trial court.
The bail applications stand disposed of.
(Mohammad Rafiq) J.
//Jaiman//35-36 All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
Giriraj Prasad Jaiman PS-cum-J