IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.6658/2010 Mohd. Shakeel Vs. State of Rajasthan Date of order : 26/07/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Jai Raj Tantia for accused petitioner Mr. G.S.Rathore,Public Prosecutor for the State ****** Heard learned counsel for the petitioner, learned Public Prosecutor for the State and perused the relevant documents placed before me. Contention of the learned counsel for the accused petitioner is that the petitioner is accused of committing offence under Section 457, 380 and 411 IPC, whereas co-accused Narendra and Yogi Raj against whom three cases each were pending, have already been extended the benefit of bail during trial by this Court and the trial court vide orders dated 18.12.2009 and 18.5.2010, respectively, yet the Court below has rejected the bail application of the petitioner only on the ground of pendency of three criminal cases. According to the learned counsel, petitioner was arrested in one case and thereafter his arrest was shown in three other cases. Case of the petitioner is in no way distinguishable with that of co-accused Narendra Singh who has already been extended the benefit of bail by the Co-ordinate Bench of this Court. Petitioner has remained behind the bars for more than one year. According to the learned counsel, petitioner under-tales not to indulge himself in commission of any such offence in future. Excepting these four cases, no other criminal case is pending against him. Challan has already been presented and trial of the case is likely to take considerable time, inasmuch as not a single witness has been examined so far despite the fact that charges were framed about six months earlier. On the other hand, learned Public Prosecutor has opposed the bail applications. Considering the rival submissions and without expressing any opinion on the merits of this case but taking into consideration all the facts and circumstances of the case, I deem it just and appropriate to enlarge the petitioner on bail during trial. Resultantly, the bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner Mohammad Shakeel S/O Shri Nisar Ahmed shall be released on bail in F.I.R. No. 79/2009 of P.S. Kotwali, Ajmer on his furnishing a personal bond in the sum of Rs.50,000/- together with two sureties in the sum of Rs.25,000/- each to the satisfaction of the trial Court for his appearance before that court on all dates of hearing and as and when called upon to do so till conclusion of the trial. However, it is made clear that in case the petitioner is again found indulging in similar or any other offence at any point of time in future, the bail granted to him by this court in the present case and in other pending cases against him, would be liable to be cancelled at the instance of the prosecution on this ground alone and stipulation to this effect shall be inserted in the bail bonds produced by the petitioner, and the sureties to be produced in support thereof shall be verified by the Tehsildar of the area concerned. (MOHAMMAD RAFIQ), J. Thanvi