IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.4769/2010 Mokham Singh Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 20.05.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Jai Prakash Gupta, 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.
Contention of learned counsel for petitioner is that co-accused Manoj @ Mokham Singh has been enlarged on bail by a coordinate bench of this Court in S.B. Criminal Miscellaneous 2nd Bail Application No.3822/2010 decided on 29.04.2010, and co-accused Pratap by another coordinate bench in S.B. Criminal Miscellaneous Second Bail Application No.3661/2010 decided on 16.04.2010. Case of petitioner is exactly similar to the case of those co-accused. In fact bail application of all the three accused was rejected by the court below by a common order dated 19.01.2010; petitioner was arrested on 06.01.2010 and since then he is in jail.
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, Mokham Singh Son of Shri Sabir on bail under Section 439 Cr.P.C., in FIR No.516/2009, Police Station Beawar City, District Ajmer, 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 would 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//