CRLMB4868/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.4868/2010 Shankar @ Jagdish @ Mota Vs. The State of Rajasthan through Public Prosecutor Date of Order ::: 05.07.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Ramavtar Bochalya, Counsel for petitioner Shri G.S. Rathore, Public Prosecutor #### By the Court:- 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. Learned counsel for petitioner has argued that petitioner's bail application was rejected by the learned court below only on consideration of fact that three cases are registered agaisnt him involving similar offence. Two of those cases are pertaining to the year 2009 and one is of the year 2010. In one of those cases no recovery has been made at the instance of the petitioner. The petitioner is in jail since 1st April, 2010 and thus he remained behind the bars for last more than three months. The offence under Section 379 IPC is triable by a Court of Magistrate and punishment prescribed therefor is three years imprisonment. It is contended that the petitioner, who is a student, should be given opportunity to reform himself and he would undertake not to indulge in any kind of offence in future. Challan has already been filed in the matter and trial of the case is likely to take a long. Learned Public Prosecutor opposed the bail application. CRLMB4868/2010 // 2 // After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I deem it just and proper to release the accused-petitioner, namely, Shankar @ Jagdish @ Mota Son of Shri Ratan Singh @ Diriya on bail under Section 439 Cr.P.C., in FIR No.167/2010, Police Station Bajaj Nagar, Jaipur, District Jaipur, under Section 379 IPC, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25000/- each to the satisfaction of the trial court for his appearance on all subsequent dates of hearing and as and when called upon to do so. However, in case petitioner is found indulged in repeating the similar or any other offence at any point of time in future, the bail granted in this matter shall stand cancelled automatically. The bail application stands disposed of. (Mohammad Rafiq) J. //Jaiman//