1 S.B. Cr. Bail Application No. 3508/2007 (Mota Ram Vs. State of Rajasthan) Date of order : 20.08.2007 HON'BLE MR.H.R.PANWAR,J. Mr. Mahendra Solanki for the petitioner. Mr. Ashok Upadhyay, P.P. Heard learned counsel for the petitioner and public prosecutor for the State. Perused the order impugned. The petitioner is facing trial for the offence under Section 379 IPC. He has been previously convicted in three offences of similar nature. In view of provisions of Section 437 (1) (ii) Cr.P.C., in my view, the petitioner is not entitled for bail. The provision in clear terms provides that such person shall not be so released if such offence is a cognizable offence and he had been previously convicted of an offence punishable with death, imprisonment for life or imprisonment for seven years or more, or he had been previously convicted on two or more occasions of a non-bailable and cognizable offence. In this view of the matter, the bail application filed by the petitioner under Section 439 Cr.P.C. is dismissed. (H.R.PANWAR), J. rp