// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT PRINCIPAL SEAT, JODHPUR ORDER In S.B. Cr. Misc. Bail Appl. No.3702/2009 {Lukman Vs. The State of Rajasthan} Date of Order ::: 28 th July, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Shri J.S. Khichi, Counsel for petitioner Shri Anees Bhurat, PP for the State #### 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. Learned counsel for the petitioner argued that investigation in the matter is complete; charge-sheet has been filed in the case; the petitioner is in judicial custody; nothing is to be recovered or investigated from him; the offence is triable by a court of Magistrate; the learned Sessions Judge rejected the bail application of the petitioner on the basis of statement of Public Prosecutor that other cases are also pending against the petitioner. The case-diary was summoned and, on that basis, the learned Public Prosecutor admits that no other case is pending against the petitioner. It appears that the cases pending against other co-accused-persons have been // 2 // referred due to inadvertence. In view of the statement of learned Public Prosecutor it is clear that observation of the Sessions Judge in its order dated 1st July, 2009 is not correct. After considering the submissions of learned counsel for the parties, examining the record and the facts and circumstances of the case, but without expressing any opinion on its merits and demerits, I think it fit and proper to allow this application under Section 439, Cr.P.C. Hence, it is directed that accused-petitioner Lukman S/o Nashar Khan, R/o Kikarwali, Tehsil Sangria, District Hanumangarh (presently lodged at District Jail, Hanumangarh) be released on bail under Section 439 Cr.P.C., in F.I.R. No.272/2009 registered at Police Station Hanumangarh Junction (District Hanumangarh) under Sections 341, 393, 34 of the IPC, provided he furnishes a personal bond in the sum of Rs.25,000/- (Rupees twenty five thousand only) together with one surety of the like amount 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. The bail application stands disposed of. (NARENDRA KUMAR JAIN), J. //Jaiman//