1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR S.B. Cr. Misc. 2 nd Bail Application No.2256/2010 (Ramvaran Singh Vs. State of Rajasthan) Date of Order : 04.03.2010 HON'BLE MR. JUSTICE M.N. BHANDARI Mr.Malkhan Chaturvedi, for the petitioner. Mr.Laxman Meena, PP. By the Court: Heard learned counsel for the petitioner as well as the learned Public Prosecutor and perused the record of the case. Learned counsel for the petitioner submits that while granting bail, it was recorded that as per the statement of the learned counsel for the petitioner there exists no previous case or pending case against the petitioner, thus bail was accordingly, granted subject to verification of the statement made by the learned counsel for the petitioner in that regard. It is stated that counsel for the petitioner was not aware about the pendency of the previous cases, thus petitioner has not been released on bail. Looking to the aforesaid, petitioner may be enlarged on bail unconditionally. Learned Public Prosecutor, on the other hand, has opposed this bail application and submits that bail was granted on basis of the statement of the advocate appeared earlier. Looking to the fact that statement was incorrect, the benefit should not be 2 given to the person, who had made incorrect statement. After considering the rival submissions made by the learned counsel for the parties and without expressing any opinion on the merits of the case, which may effect the out come of the trial but looking to the facts available on record, I am not inclined to accept this bail application and accordingly, the same is dismissed. At this stage, it is informed that two accused are absconding, thus trial is not proceeding ahead. The trial court is expected to record the statements of the material witnesses on priority basis. If the statements of the material witnesses could not be recorded within a period of two months, then the petitioner would be at liberty to file a fresh bail application. (M.N. BHANDARI),J. Preety Item NO.S-4