IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.6488/2010 Omprakash, Mukesh and Narendra Vs. The State of Rajasthan through Public Prosecutor Date of Order ::: 21.07.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Jhabar Swami, Counsel for petitioners Shri Amit Punia, Public Prosecutor #### By the Court:-
Heard learned counsel for petitioners 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 petitioners is that the alleged offence against the petitioners is under Sections 143, 458, 323, 365 and 427 IPC, while they are not named in the first information report but they have been subsequently made accused on the basis of statements recorded by the police. It is contended that basic dispute was in between the complainant on one hand and co-accused Kamal and Brijmohan on the other hand; there is no other criminal case registered against the petitioners and they would undertake not to indulge themselves in such or any other offence in future; the investigation is almost complete; no more recovery is to be made from the petitioners; trial of the case may take a long.
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-petitioners, namely, (1) Omprakash Son of Jagdishnarain, (2) Mukesh Son of Ramu and (3) Narendra Son of Sheonarain on bail under Section 439 Cr.P.C., in FIR No.335/2010, Police Station Bagru, District Jaipur, provided each of them 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 their appearance on all subsequent dates of hearing and as and when called upon to do so.
However, in case the petitioners are again found indulging in similar or any other offence at any point of time in future, the bail granted to them by this court in the present case, 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 petitioners, and the sureties to be produced in support thereof shall be verified by the Tehsildar of the area concerned.
The bail application stands disposed of.
(Mohammad Rafiq) J.
//Jaiman//