1 S.B.CRIMINAL MISC. BAIL APPLICATION NO.4923/2009 Pappu & Ors. Vs. The State of Rajasthan DATE OF ORDER : 9th November 2009 HON'BLE MR.JUSTICE DINESH MAHESHWARI Mr.Vikas Bijarnia for the petitioners. Mr.O.P.Singaria ,Public Prosecutor for State. .... BY THE COURT: The petitioners, accused of offence under Section 401 IPC, have moved this application for bail under Section 439 Cr.P.C. The learned counsel for the petitioners submits that the petitioners have unnecessarily been sought to be implicated in the present case merely on suspicion and else, no specific ingredient of offence is forthcoming from the challan papers. The learned counsel submits that the co-accused persons have already been granted bail by the learned Sessions Judge and no useful purpose would be served with further detention of the petitioners who are in custody for over 2 ½ months. The learned Public Prosecutor has opposed the bail application and has also pointed out that according to his instructions, a case bearing No.210/2005 is pending at Ajmer against this petitioners. The accusation in the present case has been of the petitioners belonging to a gang of persons associated for the purpose of habitually committing theft or robbery, as referable to Section 401 IPC. 2 Looking to the nature of accusation and the offence the petitioners are accused of, the submission as sought to be made on behalf of the petitioners that they are being proceeded only on suspicion does not merit acceptance at this stage. The investigating agency has indicated the facts that the weapons and appliances found from the group of persons inclusive of petitioners are similar to those found in other case No.235/2009. Looking to the nature of accusation and then, the past record of the petitioners who are said to be involved in other criminal case, at this stage, this Court does not feel inclined to grant them indulgence. The bail application moved on behalf of the petitioners (1) Pappu s/o Manohar, (2) Vinod alias Abhishek s/o Jankilal alias Janiya and (3) Jyony alias Viruay s/o Ramcharan alias Ramchandra under Section 439 Cr.P.C. stands rejected at this stage. (DINESH MAHESHWARI),J. MK