IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. CR. MISC. BAIL APPLICATION No.5988/2009 Om Prakash v/s State of Rajasthan Date : 18.8.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Shri Suresh Sahni, for accused petitioner. Shri Amit Poonia, P.P., for State. This order governs the disposal of bail petition filed under section 439 of Cr.P.C. by Shri Suresh Sahni Advocate on behalf of the applicant Om Prakash pertaining to FIR No.273/2009 of Police Station Mahaveer Nagar District Kota in the offence under section 3/25 of the 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 pistol on 16.07.2009 without obtaining licence from the competent authority. The learned counsel for the petitioner has canvassed that as per the provisions of section 37 of the Arms Act, the offence is bailable. The learned Additional Sessions Judge No. 1, Kota, has dismissed the bail petition on the ground that the petitioner was involved in as many as four other criminal cases, thus, he was a habitual offender but in the instant case, the provisions of section 437 or 439 of Cr.P.C. are not attracted. On the contrary, the petitioner was required to be dealt with u/s 436 Cr.P.C., and as such the petitioner deserves to be released on 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. 5. Having considered the submissions made at the Bar and perused the relevant material available on record including the provisions of section 37 of the Arms Act, I feel opt to reproduce the same which is as under : “37. Arrest and searches.- Save as otherwise provided in this Act- (a) All arrests and searches made under this Act or under any rules made thereunder shall be carried out in accordance with the provisions of the Code of Criminal Procedure, 1973, relating respectively to arrests and searches made under that Code; (b) any person arrested and any arms or ammunition seized under this act by a person not being a magistrate or a police officer shall be delivered without delay to the officer in charge of the nearest police station and that officer shall - (i) either release that person on his executing a bond with or without sureties to appear before a magistrate and keep the thing seized in his custody till the appearance of that person before the magistrate, or (ii) should that person fail to execute the bond and to furnish if so required, sufficient sureties, produce that person and those things without delay before the magistrate.” 6. This section 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. It appears that these provisions have escaped notice of the learned Additional Sessions Judge No.1, Kota. However, I, without expressing any opinion on the merits of the case, do feel inclined to grant bail to the petitioner, keeping in view the provisions of Section 37 of the Arms Act. In the instant case, the pendency of criminal cases, cannot be a ground to dismiss the bail petition of the petitioner, as in the office u/s 4/25 of the Arms Act, undisputedly the police or the Judl. Magistrate should release the accused if he is prepared to furnish the bail bonds. In view of this legal position, the bail petition is ordered to be allowed. 7. It is, therefore, ordered that the accused petitioner namely Om Prakash S/o Shri Jagannath in FIR No.273/2009 of Police Station Mahaveer Nagar District Kota, shall be released on bail on furnishing a personal bond in the sum of Rs.10,000/- together with one surety in the like amount 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/- 19