CRLMB3491/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.3491/2010 Radhey Shyam Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 26.05.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Aslam Khan, Counsel for petitioner Shri Amit Punia, Public Prosecutor #### By the Court:- Heard learned counsel for petitioner 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 petitioner is that petitioner is accused of committing offence under Sections 420 and 409 of the IPC, whereas the fact is that the alleged receipt of FDR of a sum of Rs.15000/- was duly signed by the then Manager Girraj Meena; the incident is said to be of 8th November, 2006 with regard to which first information report was lodged with substantial delay on 23.01.2010 i.e. much after retirement of the petitioner on 18.01.2010. Petitioner after his retirement was arrested on 22.03.2010 and since then he is in jail; investigation is almost complete but filing of challan is being delayed only because sanction is being awaited. Learned Public Prosecutor opposed the bail application. After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I deem it just and proper to release the accused-petitioner, namely, Radhey Shyam Son of Shri Madho Lal on bail CRLMB3491/2010 // 2 // under Section 439 Cr.P.C., in FIR No.13/2010, Police Station Harnawada Shahji, District Baran, for offence under Sections 420 and 409 of IPC, provided he furnishes a personal bond in the sum of Rs.30,000/- with two sureties of Rs.15000/- each to the satisfaction of the trial court for his appearance on all subsequent dates of hearing and as and when called upon to do so. However, in case petitioner is found indulged in repeating the similar offence at any point of time the prosecution will be at liberty to apply for cancellation of his bail before the court below itself. The bail application stands disposed of. (Mohammad Rafiq) J. //Jaiman//