CRLMB5706/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.5706/2010 Sadiq and Daulat Khan Vs. The State of Rajasthan through Public Prosecutor Date of Order ::: 23.06.2010 Hon'ble Mr. Justice Mohammad Rafiq, VJ. Shri Dinesh Kumar Garg, Counsel for petitioners Shri Amit Punia, Public Prosecutor #### By the Court:- Heard learned counsel for petitioners as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case. Contention of learned counsel for petitioners is that the petitioners were arrested in this case initially and subsequently their arrest was made in FIR No.257/2010 for offence under Sections 382 and 457 IPC, which was lodged later and thereafter their arrest was shown in another FIR No.141/2010 already registered with the same Police Station for the same offence on 03.06.2010. In the present case recovery has been shown at the instance of Sadiq and Bhartendra but in fact entire recovery has been made from the residence of Bhartendra. Apart from these two, there is no other case pending against petitioners and they would in future maintain good conduct and not indulge in any similar offence. They may therefore be granted opportunity to reform themselves. Learned Public Prosecutor opposed the bail application. After considering all the facts and circumstances of the case and without expressing CRLMB5706/2010 // 2 // any opinion on its merits and demerits, I deem it just and proper to release the accused-petitioners, namely, (1) Sadiq Son of Jardar Khan and (2) Daulat Khan Son of Hussain Khan on bail under Section 439 Cr.P.C., in FIR No.257/2010, Police Station Kotwali, Dholpur for offence under Sections 382 and 457 IPC, provided each of them 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 their appearance on all subsequent dates of hearing and as and when called upon to do so. However, in case petitioners are found indulged in repeating the similar offence at any point of time the prosecution will be at liberty to apply for cancellation of their bail before the court below itself. The bail application stands disposed of. (Mohammad Rafiq) VJ. //Jaiman//