1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR S.B. Cr. Misc. 2 nd Bail Application No.2118/2010 (Gajendra @ Tittu Vs. State of Rajasthan) Date of Order : 11.03.2010 HON'BLE MR. JUSTICE M.N. BHANDARI Mr.Abdul Kalam Khan, for the petitioner. Mr.Laxman Meena, PP. By the Court: Heard learned counsel for the petitioner as well as the learned Public Prosecutor and perused the record of the case. Learned counsel for the petitioner submits that co-accused have been granted bail by the Court below after rejection of first bail application and that too, in Uttam Kumar's case, the Court below has made comment on the merit of the case and literally came to the conclusion that accused are not involved in the case, thus looking to the aforesaid, petitioner may also be enlarged on bail. Learned Public Prosecutor, on the other hand, has opposed this bail application and submits that after hearing the arguments in detail, the first bail application was rejected and otherwise, there is no change in the circumstances to allow the bail application. It is stated that if the Court below has made comment on the merit of the case on granting bail to Uttam Kumar, it cannot be taken as a ground for bail and otherwise, while refusing or granting bail, 2 merit of the case should not be commented upon. After considering the rival submissions made by the learned counsel for the parties and without expressing any opinion on the merits of the case, which may affect the out come of the trial but looking to the facts available on record, I am not inclined to accept this bail application and accordingly, the same is dismissed. Looking to the order of Uttam Kumar and discussion made by the Court below for granting bail to the said accused and two other accused in respect of the present matter, I am of view that it is a case where suo moto cognizance should be taken for issuance of notice for cancellation of bail. The Registry is directed to open a separate file pursuant to the direction aforesaid and issue notice to the accused, namely, Suresh @ Kalu Meena, Usman, Abdul Gaffar and Uttam Kumar to show cause as to why the bail granted to them may not be cancelled. Notices may be served through the Court below, where the trial is pending. (M.N. BHANDARI),J. Preety Item NO.S-43