IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.4013/2010 Suratpal Singh Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 06.07.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Kamlendra Sihag for Shri Ashutosh Bhatia, Counsel for petitioner Shri Amit Punia, Public Prosecutor #### By the Court:-
Heard learned counsel for petitioner as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case.
Learned counsel for petitioner has argued that petitioner is a student and has recently appeared in the Senior Secondary Examination; his arrest was made on 09.04.2010 on the basis of information given by co-accused Shiva, who was already arrested on 08.04.2010 and, subsequently he was made accused in yet another case. Except these cases, there is no previous case ever registered against the petitioner; recovery of the gold chain and one motorcycle has been made at the instance of co-accused Shiva and not from the petitioner; challan has already been filed; trial of the case is likely to take a long; petitioner should be given an opportunity to reform himself and he would undertake not to indulge in any other offence in future.
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 and demerits, I deem it just and proper to release the accused-petitioner, namely, Suratpal Singh Son of Shri Rampal Singh on bail under Section 439 Cr.P.C., in FIR No.109/2010, Police Station Jawahar Nagar, Kota, under Section 392 IPC, provided he furnishes a personal bond 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.
However, in case 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//