IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR ORDER S.B. Cr. Misc Bail Application No. 3396/2010 Iqbal @ Moda Vs State of Rajasthan through PP 8.4.2010 HON'BLE MR JUSTICE MN BHANDARI Mr Prakash Thakuriya - for the petitioner Mr Sanjeev Mehla – PP BY THE COURT: Heard learned counsel for the parties and perused the record of the case. Learned counsel for the petitioner submits that petitioner is behind bars for more than five months and if granted bail he will not commit same or similar offence during period of bail. Thus, petitioner may be enlarged on bail. On the other hand, learned Public Prosecutor has opposed the bail application. After considering the rival submissions of the parties and without expressing any opinion on merits of the case, which may otherwise affect outcome of trial, looking to facts of this case, I am of the view that petitioner deserves to be enlarged on bail. Accordingly, the bail application is accepted and it is directed that petitioner namely, Iqbal @ Moda may be released on bail under Section 439 CrPC in FIR No. 348/2009, registered at Police Station – Nagar, District – Bharatpur for offence under Section/s 379 IPC provided, he furnishes a personal bond in the sum of Rs.40,000/- together with one surety in the like amount to the satisfaction of the learned trial Court for his appearance before that Court on all subsequent dates of hearing and as and when called upon to do so. It is, however, made clear that if the petitioner is found committing same or similar offence or any other type of offence during the period of bail then not only the prosecution would be at liberty to seek cancellation of this bail order but the Investigating Officer is also directed to inform about the same to this court if any case is registered. Copy of this order may be sent to the Investigating Officer concerned for necessary information and compliance if so required. (MN BHANDARI), J. bnsharma