1 S.B. Cr. Misc. Bail No. 1177/2008 (Heera Ram Vs. State of Rajasthan) Date of order : 26.03.2008 HON'BLE MR.H.R.PANWAR,J. Mr. Vinit Kumar Mathur for the petitioner. Mr. J.P.S.Choudhary, P.P. Heard learned counsel for the petitioner and public prosecutor for the State. Perused the material available on record including the challan papers. It is contended by learned counsel for the petitioner that all other co-accused in the case have been granted bail by this Court though under Section 439 Cr.P.C. and one of the accused Goparam was directed to surrender and move a regular bail before the trial court and the trial court was directed to decide the same on the same day. It is further contended by learned counsel for the petitioner that on the relevant date of occurrence and time, the petitioner who is serving in the Border Security Force, was admitted to Border Security Force Hospital. He has placed on record the copy of Hospital Admission Chart showing the petitioner having admitted on 0710 hours on 23.11.2006 and was discharged at 1200 hours on the same day, however, the occurrence is at 0900 hours of the same day. The document is signed by Medical Officer, C.H. BSF, Jodhpur. Having regard to the facts and circumstances of the case and the fact that challan has already been filed and trial is now pending in the Court of Additional Sessions Judge (Fast Track) No.1, Jodhpur as stated by counsel for the petitioner, it would be appropriate to direct the petitioner to surrender before 2 the Additional Sessions Judge, (Fast Track) No.1, Jodhpur on 27.3.2008 and move a regular bail and the learned trial court shall consider and decide the bail application on the same day and release the petitioner on bail on the terms and conditions which the trial court thinks fit to impose keeping in view the fact that all other co-accused have already been released on bail. The bail application is accordingly disposed of. (H.R.PANWAR), J. rp