IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN 1. S.B. Cr. Misc. Bail Application No.4572/2010 Jabir Vs. State of Rajasthan through Public Prosecutor AND 2. S.B. Cr. Misc. Bail Application No.4573/2010 Jabir Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 20.05.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Jitendra Pandey, Counsel for petitioner Shri Amit Punia, Public Prosecutor Shri G.S. Fauzdar, Counsel for complainant #### By the Court:-
Heard learned counsel for parties and perused the material made available to me during the arguments of the case.
Learned counsel for petitioner has argued that petitioner was arrested in FIR No.46/2010 on 07.04.2010 and on the very next day i.e. 08.04.2010 his arrest was shown in FIR No.47/2010, in both the cases for offence under Sections 379 IPC and 136 of the Electricity Act. Petitioner is engaged in sale and purchase of old and broken articles; earlier also he was made accused in three cases of similar offence which were registered at same police station Kelwara, District Baran, on the same day in FIR Nos.9, 10 and 11 of 2007. Except these cases, there is no other case pending against the petitioner; petitioner was arrested on 07.04.2010 and since then he is in jail; challan has already been filed; investigation is complete; no further recovery is to be made from petitioner; petitioner would undertake not to indulge in similar case in future.
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, Jabir Son of Abdul Ajij on bail under Section 439 Cr.P.C., in FIR Nos.46/2010 and 47/2010, Police Station Kelwara, District Baran, provided he furnishes a personal bond in each case in the sum of Rs.50,000/- with two sureties of Rs.25000/- 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.
Petitioner in the bond would give undertaking that he would not deal with in purchase of stolen articles and in case in future petitioner is found indulged in repeating the similar offence at any point of time the prosecution will be at liberty to apply for cancellation of his bail before the court below itself.
The bail application stands disposed of.
(Mohammad Rafiq) J.
//Jaiman//