S.B.CR. MISC. BAIL APPLICATION NO.7587/2008 JAVED KHAN VS. STATE OF RAJ. S.B.CR.MISC. BAIL APPLICATION NO.7450/2008 SHAKEEL AHMED VS. STATE OF RAJ. 15.10.2008 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. RP Vijay for the petitioner (in bail petition No.7587/2008) Mr. MI Beg for the petitioner (in bail petition No.7450/2008) Mr. RP Kuldeep, Public Prosecutor for the State. Since both the aforesaid bail petitions pertain to and arise out of one FIR No.272/2008 of Police Station Udyog Nagar, Kota, they have been heard together and are being disposed of by this common order. Both the accused petitioners Javed Khan and Shakeel Ahmed are alleged to have been involved in the offence under Section 399, 402 of IPC and Section 3/25 and 4/25 of the Arms Act. Heard the learned counsel for the accused petitioners, learned Public Prosecutor appearing for the State and perused the relevant material on record. The learned counsel for the petitioners have contended that the co-accused Mohammed Raes of this case has already been enlarged on bail by the Coordinate Bench and the case of the petitioners are not distinguishable from the case of Mohammed Raes, as such, on the same footing, the petitioners also may be granted bail. 2 The learned Public Prosecutor has opposed the bail petitions on the ground that the case of the present petitioners are altogether different from the case of Mohammed Raes and only on this premise, the bail was granted to co- accused Mohammed Raes as only one iron pipe was recovered from his possession and no previous case was pending against him. So far as the accused petitioners are concerned, a fire arm pistol and live cartridge have been recovered from their possession and the cases of criminal restraint, causing hurt, attempt to commit murder and gambling etc. have been pending against them, hence, the petitioners do not deserve to be released on bail. Having considered the submissions made at the bar and perused the bail orders passed by the learned Additional Sessions Judge No.1 Kota and the relevant material made available to me, it is noticed that seven criminal cases have been pending against the accused Javed Khan and three criminal cases of grave offences have been pending against the accused Shakeel Ahmed. Both have been found to be in possession of unlicensed pistols and live cartridges. On this ground alone, the bail petition of co-accused Nasir of this case has been dismissed by the Coordinate Bench. I, also without expressing any comment on the merits of the case, do not feel inclined to grant bail to both the accused petitioners in this case. Hence, the bail petitions filed under Section 439 Cr.P.C. on behalf of the accused petitioners namely Javed Khan S/o Mushtak Ali by caste Muslaman, R/o Kota and Shakeel Ahmed S/o Sh. Abdul Khalil, by caste Muslim, R/o Banzara Colony, Kishorepura, Kota are hereby ordered to be dismissed. (MAHESH BHAGWATI)J. PCG