CRLMB2861/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.2861/2010 Janak Singh Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 26.05.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Vijay Singh for Shri B.S. Chouhan, 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 petitioner in the present case is accused of committing offence under Sections 392 and 365 of the IPC. The alleged tractor was recovered immediately after FIR No.132/2009 registered with Police Station Dantaramgarh for the offence under Sections 379 and 411 IPC. In that case petitioner has already been enlarged on bail by the order of the Court of Sessions itself. One more case is said to be pending against petitioner in Nagaur for offence under Section 392 IPC; in that case also he has already been granted bail in 2009. It is contended that petitioner was arrested on 25.08.2009; he has thus remained behind the bard for last more than nine months; trial of the case is likely to take a long time; other two co-accused have not been so far arrested and investigation against them has been kept pending under Section 173(8) Cr.P.C. Learned Public Prosecutor opposed the bail application. CRLMB2861/2010 // 2 // 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, Janak Singh Son of Shri Bhanwar Singh on bail under Section 439 Cr.P.C., in FIR No.316/2009, Police Station Harmada, Jaipur for the offence under Sections 392 and 365 of the IPC, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25000/- 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. However, the surety to be submitted by the petitioner, shall be verified by the Tehsildar of the concerned area or any other competent revenue authority. 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//