IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.8462/2010 Sabir Vs. The State of Rajasthan Date of Order ::: 13.09.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Jaan Mohammed, father of petitioner, present-in-person Shri Prakash Chand, Representative of PP Office #### By the Court:-
This application under Section 439 Cr.P.C. has been filed by petitioner for grant of bail pending trial.
It is contended that co-accused Ibri, who was arrested on the spot, has already been enlarged on bail by a coordinate Bench of this Court in S.B. Cr. Misc. Bail Application No.7693/2008 vide order dated 06.11.2008. The petitioner is in jail for last three months. The trial of the case will take considerable time and that the petitioner would undertake to attend the trial on each and every date. It is contended that the case of the petitioner is in no way distinguishable from that of co-accused and rather stands on better footing because co-accused Ibri was arrested on the spot whereas the petitioner was subsequently arrested on the basis of information given by him.
The representative of the PP office opposed the bail application.
After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I deem it just and proper to release the accused-petitioner, namely, Sabir Son of Jaan Mohammed alias Janu, Resident of Village Ganvadi, Police Station Jurhera, District Bharatpur (At present in sub-jail, Deeg) on bail under Section 439 Cr.P.C., in FIR No.180/2008, Police Station Jurhera, District Bharatpur, for offence under Sections 420, 120B and 379, IPC, provided he furnishes a personal bond in the sum of Rs.30,000/- with two sureties of Rs.15000/- 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.
The bail application stands disposed of.
(Mohammad Rafiq) J.
//Jaiman//