CRLMB4338/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.4338/2010 Farooq Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 20.05.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Azad Ahmed, Counsel for petitioner Shri Amit Punia, Public Prosecutor #### 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. Contention of learned counsel for petitioner is that Sarphu, who is the principal accused, has already been enlarged on bail by order dated 21.04.2010 in S.B. Criminal Miscellaneous Bail Application No.3438/2010; petitioner is in jail since 09.04.2010; the maximum sentence provided for the alleged offence is three years imprisonment and the offence is triable by the court of Magistrate. Learned Public Prosecutor opposed he 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-petitioner, namely, Farooq Son of Shri Arjun on bail under Section 439 Cr.P.C., in FIR No.11/2010, Police Station Sikari, District Bharatpur, provided he furnishes a personal bond in the sum of Rs.30,000/- with two sureties of Rs.15000/- each 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. CRLMB4338/2010 // 2 // However, in case petitioner is found indulged in repeating the similar offence at any point of time the prosecution will be at liberty to apply for cancellation of his bail before the court below itself. The bail application stands disposed of. (Mohammad Rafiq) J. //Jaiman//