IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B.CR.MISC.BAIL APPLICATION NO.6828/2010. Shamsher Singh Vs. State of Rajasthan Date of order : July 27, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Bhaskar Dagar Gandhi and Shri Timan Singh for petitioner. Shri Amit Poonia, Public Prosecutor for State. ******
Heard learned counsel for petitioner as well as learned Public Prosecutor for the State and perused the relevant documents placed before me.
Contention of the learned counsel for petitioner is that petitioner has been falsely implicated in the present case. The dispute was something else which has been given the shape of an offence u/S.394 IPC. It is alleged that petitioner snatched the motorcycle of the complainant whereas, the motorcycle has been recovered. No other criminal case is pending/registered against petitioner from before. Petitioner would undertake not to indulgence in similar offence in future. Investigation is almost complete. Trial will take long time.
Learned Public Prosecutor has opposed the bail application.
Considering the submissions made at the bar, the nature of accusation, the materials on record and all other facts and circumstances of the case, I deem it just and proper to enlarge the petitioner on bail.
In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner Shamsher Singh S/o Shri Jagir Singh shall be released on bail in FIR No.170/2010 P.S. Laxmangarh, District Alwar for offence u/S.394 IPC and S.3/25 of the Arms Act on his furnishing a personal bond in the sum of Rs.50,000/- together with two sureties in the sum of Rs.25,000/- each to the satisfaction of the concerned Court for his appearance before that court on all dates of hearing until conclusion of the trial.
However, in case the petitioner is again found indulging in similar or any other offence at any point of time in future, the bail granted to him by this court in the present case and in other two pending cases against him, would be liable to be cancelled at the instance of the prosecution on this ground alone and stipulation to this effect shall be inserted in the bail bonds produced by the petitioner, and the sureties to be produced in support thereof shall be verified by the Tehsildar of the area concerned.
(MOHAMMAD RAFIQ), J.
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