// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT PRINCIPAL SEAT, JODHPUR ORDER In S.B. Cr. Misc. Bail Application No.3823/2009 {Mahaveer Versus State of Rajasthan} Date of Order ::: 21st July, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Shri Rajendra Charan, counsel for the petitioner Shri Ashok Prajapat, PP for the State of Rajasthan #### By the Court: Heard learned counsel for the petitioner(s) as well as learned Public Prosecutor and perused the relevant material made available to me during the arguments of the case. The learned counsel for the petitioner submits that petitioner is in judicial custody since 27th April, 2006, whereas the charge against him was framed for the offence under Section 498 A and 306 IPC; the trial is not being concluded for want of Presiding Officer in the trial court. He further contended that the trial of the case is not likely to be concluded shortly, therefore, indulgence of bail may be granted to the petitioner under Section 439 Cr.P.C. // 2 // After considering the submissions of learned counsel for the parties, examining the record and the facts and circumstances of the case, but without expressing any opinion on its merits and demerits, I think it fit and proper to allow this application under Section 439, Cr.P.C. Hence, it is directed that accused- petitioner namely Mahaveer S/o Shri Balu Ram be released on bail under Section 439 Cr.P.C., in F.I.R. No. 32/2006, Police Station Shahpura, District Bhilwara registered under Section(s) 498-A and 306 IPC, provided he furnishes a personal bond in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand only) together with one surety of the like amount to the satisfaction of the trial court for his appearance before that Court on all subsequent dates of hearing and as and when called upon to do so. (NARENDRA KUMAR JAIN), J. //DK//