1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. Bail Application No. 6720/2009 Pabu Ram @ Babu Ram vs. State of Rajasthan Dated : 08.09.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Vinay Pal Yadav, for the petitioner. Mr. Amit Punia, Public Prosecutor for the State. This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Mr. Vinay Pal Yadav Advocate on behalf of the applicant Pabu Ram @ Babu Ram pertaining to F.I.R. No. 193/2009 at police station Clock Tower, Ajmer, in the offences under Sections 3/25 of Arms Act. 2. Heard the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the relevant material available on record. 3. The petitioner is alleged to have been found in possession of a Desi Kataa on 16.06.2009 Learned counsel for the petitioner has canvassed that as per the scheme of Section 37 of Arms Act, 1959, the offence under Section 3/25 of Arms Act is bailable. He has further contended that in the bailable offence, the provisions of Section 437 or 439 of Cr.P.C. are not attracted. On the contrary, the petitioner's case was required to be dealt with under Section 436 of Cr.P.C., hence, the petitioner, as a matter of right, deserves to be granted indulgence of bail. 4. Learned Public Prosecutor has fairly conceded that under the provisions of section 37 of the Arms Act, any offence under the Act has been made bailable. 2 5. Having considered the submissions made at the Bar and perused the relevant material available on record, it is noticed that section 37 of the Arms Act envisages that if any person arrested and any arms or ammunition is seized under this Act, then that person is entitled to have been released on his executing a bond with or without surety for his appearance before the Magistrate. The accused shall be taken to the Magistrate only in the event when the accused fails to furnish the bail bond. The provisions of Section 37 of Arms Act are mandatory and analogous to the provisions of Sec. 436 of Cr.P.C. As is evident, the petitioner is alleged to have been involved in the offence under Section 3/25 of Arms Act. Admittedly, this offence is bailable. The reliance is placed on the judgment of rendered by this Court on 20.08.2009 in S.B. Criminal Misc. Bail Application No.6412/2009 titled Karan @ Babu v/s State of Rajasthan. Hence, I, without expressing any opinion on the merits of the case, am left with no option but to grant bail to the petitioner and the bail petition is ordered to be allowed. 6. It is, therefore, ordered that the accused petitioner Pabu Ram @ Babu Ram S/o Gana Ram in F.I.R. No. 193/2009 at police station Clock Tower, Ajmer, shall be released on bail on furnishing a personal bond in the sum of Rs.10,000/- together with two surety bonds each in the sum of Rs. 5,000/- to the satisfaction of the learned trial court with the stipulation that he 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/- 15