High CourtsSingle Bench

Banti@Gajendra @APPELLANT@Hash State Of Rajasthan

Rajasthan High Court · Decided on 5 March 2018 · Citation: (2018) 03 RAJ CK 0016

HON’BLE JUDGES
PANKAJ BHANDARI, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Arms Act, 1959 — Section 3, 25
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail No. 17852 of 2017
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Judgment

13 paragraphs · 264 words
1.

Petitioner has filed this bail application under Section 439 of Cr.P.C.

2.

F.I.R. No.88/2016 was registered at Police Station Langara, District Karauli for offence under Sections 3/25 of the Arms Act.

3.

It is contended by the counsel for the petitioner that matter pertains to Arms Act which is triable by First Class Magistrate. Out of the list supplied

by the prosecution, petitioner has been acquitted in three cases. Petitioner has been given benefit of bail by this Court in few cases and this case is

prior in time to the cases in which bail was granted by this Court. Petitioner is in custody from 2.11.2016 and trial would consume time.

4.

Learned Public Prosecutor has opposed the bail application.

5.

Considering the contentions put-forth by the counsel for the petitioner, I deem it proper to allow the bail application.

6.

This bail application is accordingly allowed and it is ordered that the accused-petitioner shall be released on bail provided he furnishes a personal

bond of Rs. 50,000/- (Rupees Fifty thousand only) and two sureties in the sum of Rs.25,000/- (Rupees Twenty Five thousand only) each to the

satisfaction of the learned trial court with the stipulation to appear before that Court and any court to which the matter is transferred, on all dates of

hearing and as and when called upon to do so.

7.

A copy of this order be sent to concerned S.H.O. for recording this condition in the Village CrimeRecord Book so that in the event of petitioner's

repeating offence, S.H.O. can move the Court for cancellation of bail.