SB Crlmb No.5499/10. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B.CR.MISC.BAIL APPLICATION NO.5499/2010. Vinod Tank & Anr. Vs. State of Rajasthan Date of order : 21/6/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ VJ Shri Anil Upman for petitioners. Shri Mahendra Meena Public Prosecutor for State. ****** Heard learned counsel for petitioners, learned Public Prosecutor for the State and perused the relevant documents placed before me. Learned counsel for petitioners at the outset seeks permission to withdraw the bail application of accused-petitioner No.1 Vinod with liberty to apply afresh for bail before the court below. As regards accused-petitioner No.2 Sunil Kumar, it is contended that he was declined bail by the court below only on account of old pendency of four cases whereas out of those, three cases were related to R.P.G.O. pertaining to the years 1996 and 1998 and only one case in recent past was registered in response to a cross case registered by accused petitioner. He is in jail for quite some time and the challan has been filed. Learned Public Prosecutor has opposed the bail application of petitioner No.2 Sunil Kumar but is not in a position to controvert the aforesaid facts. SB Crlmb No.5499/10. 2 In the result, this bail application under Section 439 Cr.P.C. of petitioner No.1 Vinod Tank S/o Shri Omprakash for offence u/Ss.382, 511, 341 and 323 IPC is rejected at this stage. He would however be at liberty to apply for bail again before the Court of Sessions after recording statement of the key witnesses. This bail application u/S.439 Cr.P.C. of petitioner No.2 Sunil Kumar Lalwani @ Saddam however is allowed and it is directed that petitioner No.2-Sunil Kumar Lalwani @ Saddam S/o Shri Perumal shall be released on bail in FIR No.233/2010 PS Mansarover, Jaipur for offence u/Ss.382, 511, 341 and 323 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 with the stipulation that he shall not repeat such offence in future and in case, he is again found committing similar offence, prosecution will be at liberty to apply for cancellation of his bail on this ground alone. (MOHAMMAD RAFIQ), VJ. anil