S.B.CR. MISC. BAIL APPLICATION NO.448/2009 JUGAT SINGH VS. STATE OF RAJ. Dated 02.02.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. VK Mishra, for the petitioner. Mr. MF Beig, Public Prosecutor for the State. This order governs the disposal of bail application filed by Shri VK Mishra, Advocate on behalf of the applicant Jugat Singh pertaining to F.I.R. No.215/2008 of Police Station Bhinai, District Ajmer in the offences under Sections 420 and 406 of IPC. Heard the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the material on record. The learned counsel for the petitioner has contended that the accused petitioner is found to have been involved in the offences under Sections 420 and 406 of IPC, which is triable by the Judicial Magistrate First Class. It is the only case pending against him and the police has not submitted any record which evinces that he is involved in more than one cases. Hence, keeping in view the nature of the offence, he deserves to be released on bail. The learned Public Prosecutor appearing for the State has vociferously contended and opposed the bail petition primarily on the ground that the petitioner is a habitual offender as he is involved in more than one cases of alike nature. Hence, his bail petition may be dismissed. Having pondered over the submissions made at the bar and scanned the relevant material available on record, it is noticed that four cases of alike nature are pending in different police stations at Jodhpur. The case numbers are 355/96 and 198/96 Police Station Udaimandir, No.429/98 and No.240/98 of Police Station Udaimandir Jodhpur city. Apart this, one more case No.257/2008 is pending investigation at Civil Lines, Ajmer. All these cases pertaining to the offences under Section 420 and 406 of IPC, which are of alike nature. The accused petitioner seems to be habitual offender and to my firm view, he does not deserves bail in this case. In the result, the bail petition filed on behalf of the accused petitioner Jugat Singh S/o Shri Kan Singh under Section 439 of Cr.P.C. stands outrightly dismissed. (MAHESH BHAGWATI)J. PCG