SBCRLMB No.6114/10. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. ORDER S.B.CR.MISC.BAIL APPLICATION NO.6114/2010. Sabir alias Banti Vs. State of Rajasthan Date of Order:- July 20, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Abdul Hameed Khan for petitioner. Shri Amit Poonia Public Prosecutor. ****** 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. Contention of the learned counsel for petitioner is that the alleged offence against the petitioner is one under Section 379 IPC which is triable by the Magistrate of Ist Class and the maximum punishment for the offence is three years. He was initially arrested in FIR No.55/2009 at Police Station Pratap Nagar. Subsequently, his arrest was made in another FIR No.130/2009 at PS Adarsh Nagar for the same offence. In another case, he has already been enlarged on bail by the court of sessions itself. In the present case, he is in jail since 1/4/2010. Recovery in the present case has already been made. Challan has been filed. Trial of the case SBCRLMB No.6114/10. 2 will take a long time. Learned Public Prosecutor has opposed the bail application. Considering the submissions made at the bar, the nature of accusation, the materials on record and all other facts and circumstances of the case, I deem it just and proper to enlarge the petitioner on bail. In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner – Sabir alias Banti S/o Shri Hameed Pathan shall be released on bail in FIR No.130/2009 P.S. Adarsh Nagar, Jaipur for offence under Section 379 IPC on his furnishing a personal bond in the sum of Rs.50,000/- together with two sureties in the sum of Rs.25,000/- each to the satisfaction of the concerned Court for his appearance before that court on all dates of hearing until conclusion of the trial. However, in case the petitioner is again found indulging in similar or any other offence at any point of time in future, the bail granted to him by this court in the present case would be liable to be cancelled at the instance of the prosecution on this ground alone and stipulation to this effect shall be inserted in the bail bonds produced by the petitioner, and the sureties to be produced in support thereof shall be verified by the Tehsildar of the area concerned. (MOHAMMAD RAFIQ) J. anil