1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. 2nd Bail Application No. 6743/2009 Rizwannuddeen & Anr. vs. State of Rajasthan Dated : 02.09.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Mahesh Gupta, for the petitioner. Mr. Paresh Choudhary, Public Prosecutor for the State. Mr. Avinash Vyas, for the complainant. This order governs the disposal of second bail application filed under Section 439 of Cr.P.C. by Mr. Mahesh Gupta Advocate on behalf of the applicants pertaining to F.I.R. No. 36/2009 of police station Nahargarh Road, Jaipur, in the offences under Sections 420 and 409 of IPC. 2. Heard the learned counsel for the petitioners as also learned Public Prosecutor appearing for the State and perused the material on record. 3. Learned counsel for the petitioners has canvassed that the police after completion of investigation has filed the charge-sheet in the court, which is now pending trial. He has further contended that a bare perusal of FIR suggests that there has been a continuing business transaction between both the complainant and the accused petitioners party. The charge-sheet has been filed only in the offences under Sections 420 and 120-B of IPC and the offence under Section 408 of IPC has been left out. It is also found that the complainant has already received jewels worth rupees Six 2 lakhs from the petitioners party. The petitioners have been in custody for the last 85 days. If there is any amount outstanding towards them, it shall be cleared after coming out of custody, hence, they may be granted indulgence of bail. 4. Learned Public Prosecutor appearing for the State has opposed the bail petition. 5. Having reflected over the submissions made at the bar and scanned the relevant material available on record, I, without expressing any opinion on the merits of the case, under the changed circumstances, deem it just and proper to grant bail to the accused petitioners. 6. It is, therefore, ordered that the accused petitioners namely Rizwannuddeen S/o. Sh. Riyazuddeen; and Gyasuddeen S/o. Sh. Riyazuddeen in F.I.R. No. 36/2009 of police station Nahargarh Road, Jaipur, shall be released on bail on furnishing a personal bond each of Rs.50,000/-together with two surety bonds each in the sum of Rs. 25,000/- to the satisfaction of the learned trial Court with the stipulation that they shall appear before that Court on all dates of hearing and as and when called upon to do so till the trial is concluded. (MAHESH BHAGWATI),J. Mak/- s-7