1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR ORDER S.B. Cr. Misc Second Bail Application No. 10750/2010 Ghanshyam & anr Vs State of Rajasthan through PP 9.12.2010 HON'BLE MR. JUSTICE MN BHANDARI Mr SK Jain - for the petitioners Mr NR Saran, PP – for the State BY THE COURT: Heard learned counsel for the parties and perused the record of the case. Learned counsel for the petitioners submits that petitioners have been granted benefit of bail in other matters which were registered on the same date. In the present case offence is under section 379 IPC and petitioners are behind bars for more than six months thus they may be granted bail. They will maintain good conduct during the period of bail, if granted. Learned Public Prosecutor has opposed the bail application. After considering rival submissions of the parties and without expressing any opinion on merits of the case, which may otherwise affect outcome of the trial, looking to the facts of this case, I am of the view that petitioners deserve to be enlarged on bail. Accordingly, bail application is accepted and it is directed that accused-petitioners namely; Ghanshyam and Goklesh 2 may be enlarged on bail under section 439 CrPC in FIR No. 72/2010 registered at Police Station – Shivaji Park, Alwar for offence under Section/s 379 IPC provided each of them furnishes a personal bond in the sum of Rs.40,000/- together with one surety in the like amount to the satisfaction of learned trial Court for their appearance before that Court on all subsequent dates of hearing and as and when called upon to do so. It is, however, made clear that if the petitioners are found committing same or similar offence or any other type of offence during the period of bail then not only the prosecution would be at liberty to seek cancellation of this bail order but the Investigating Officer is also directed to inform about the same to this court if any case is registered. Copy of this order may be sent to the Investigating Officer concerned for necessary information and compliance, if so required. (MN BHANDARI), J. bnsharma