1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.4979/2010 Surendra & Anr. Vs. State Date of order : 25/5/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Sarfaraz Hydar Khan for the petitioners. Shri G.S. Fauzdar, Special P.P.) Shri Amit Punia, P.P. ) for the State. ****** Heard learned counsel for the petitioners, learned Special Public Prosecutor for the State and perused the relevant documents placed before me. Contention of the learned counsel for the petitioners is that petitioners were arrested on 20.4.2010 and subsequently their arrest was made in another FIR No.249/2010. Recovery of the stolen articles has already been made. The offence is under Section 379 IPC and is punishable by maximum sentence of three years, which is triable by the Court of Magistrate. Except these two, there is no previous criminal case against the petitioners. They are in jail for more than one month. Investigation is almost complete. Nothing more has to be recovered from the petitioner. Co-accused Kabool Chand has alredy been granted bail by order of coordinate bench dated 11.5.2010 in S.B. Cr. Misc. Bail Appl. No.4382/2010. Learned Public Prosecutor has opposed the bail application. 2 Without expressing any opinion on the merits of this case but taking into consideration all the facts and circumstances of the case, I deem it appropriate to enlarge the petitioners on bail. In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioners (1)Surendra S/o Banshidar & (2) Balvir S/o Bodanram shall be released on bail in F.I.R. No.219/2010 P.S. Kotputli, Distt. Jaipur provided each of them furnishes a personal bond in the sum of Rs.30,000/- together with two sureties in the sum of Rs.15,000/- each to the satisfaction of the trial Court for their appearance before that court on all dates of hearing and as and when called upon to do so till conclusion of the trial. However, in case the petitioners are found indulged in similar offence at any point of time, the prosecution would be at liberty to apply for cancellation of their bail before the Court of Sessions itself and the bail would be liable to be cancelled on this ground alone. (MOHAMMAD RAFIQ), J. RS/