Mausam vs State of Rajasthan

Mohammad Rafiq, J.—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 the learned Counsel for petitioner is that arrest of the petitioner in the present case has been made on the basis of production warrant from the court when he was taken into custody in another FIR No. 155/2010 PS Rajgarh for offence Under Sections 399 and 402 IPC. In the present case, alleged offence is u/s 379 IPC, in which co-accused Nijamuddin @ Najmuddin has already been enlarged on bail by the order of coordinate Bench of this Court dated 4/5/2010 passed in S.B. Criminal Misc.Bail Application No. 3524/2010. Petitioner was arrested on 4/6/2010 and since then he is in jail. Prior to his arrest in earlier case and in this case, there is no other previous criminal case against the petitioner. Petitioner would undertake not to indulge in similar offence in future. Investigation is almost complete. Trial will take a 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 - Mausam s/o Issar shall be released on bail in FIR No. 36/2010 P.S. Govindgarh, Alwar for offence u/s 379 IPC 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 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.