// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT PRINCIPAL SEAT, JODHPUR ORDER In S.B. Cr. Misc. Bail Appl. No.3696/2009 {Shiv Bhagwan @ Phulchand Vs. The State of Rajasthan} Date of Order ::: 23rd July, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Shri S.S. Shaktawat, Counsel for petitioner Shri Anil Joshi, PP for the State #### 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. It is contended on behalf of the petitioner that the goods, in dispute, had already been recovered on the information given by co-accused Yogendra Singh and Jhabar Singh, who have already been released on bail; the petitioner was only a driver on the vehicle and he is also in judicial custody and nothing is to be recovered or investigated from him; charge-sheet has already been filed in the case; the case of the petitioner is on better footings than that of co-accused Jhabar Singh, who has already been released on bail, therefore, the petitioner may also be granted indulgence of bail. // 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 Shiv Bhagwan @ Phulchand S/o Moti Lal, R/o Saledipura, Police Station Khandela, District Sikar (presently lodged at District Jail Chittorgarh) be released on bail under Section 439 Cr.P.C., in F.I.R. No.420/2008, registered at Police Station Chanderia, District Chittorgarh, under Sections 419, 420, 407 and 120-B I.P.C., 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 on all subsequent dates of hearing and as and when called upon to do so. The bail application stands disposed of. (NARENDRA KUMAR JAIN), J. //Jaiman//