1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. 3rd Bail Application No. 10493/2009 Kutubuddin vs. State of Rajasthan Dated : 08.01.2010 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Abdul Rahim Khan, for the petitioner. Mr. Amit Punia, Public Prosecutor for the State. This order governs the disposal of third bail application filed under Section 439 of Cr.P.C. by Mr. Abdul Rahim Khan Advocate on behalf of the applicant Kutubuddin pertaining to F.I.R. No. 393/09 at police station Nayapura, Kota, in the offences under Sections 457 and 380 of IPC. 2. Heard learned counsel for the petitioner as also learned Public Prosecutor appearing for the State and perused the relevant material available on record. 3. Learned counsel for the petitioner has canvassed that only one 'Parat' is alleged to have been recovered from the possession of the accused petitioner. He was arrested on 09.08.2009 and the police, after completion of investigation, has filed the charge-sheet in the court on 14.08.2009. Since then, it has been pending trial. There has been no progress in the trial and the same is likely to take time to complete. He has also contended that the petitioner is a retired police employee and no other criminal case has been pending against him except the case on hand, hence, he may be granted indulgence of bail. 2 4. Learned Public Prosecutor has opposed the bail petition. 5. Having considered the submissions made at the bar and carefully scanned the relevant material available on record, it is noticed that the petitioner has been in custody for the last five months and the police after completion of investigation has filed the challan in the court which has been pending trial. No progress in the trial could take place owing to the fact that the Advocates in Kota division were on strike and they were not appearing in the courts. Now, the strike has called off. Since, the petitioner has been in police and he has not been found involved in any other criminal case except the present one, I without expressing any opinion on the merits of the case but under the changed fact situation deem just and proper to grant bail to the petitioner to defend his case independently and thus, the third bail petition is allowed. 6. It is, therefore, ordered that the accused petitioner Kutubuddin S/o. Nizamuddin in F.I.R. No. 393/09 at police station Nayapura, Kota shall be released on bail on furnishing personal bond in the sum of Rs.1,00,000/- together with three solvent surety bonds each in the sum of Rs. 30,000/-, to the satisfaction of the learned trial Court with the stipulation that he shall appear before that Court on all dates of hearing and as and when called upon to do so till the trial is concluded. 7. However, it is made clear that in case, the petitioner is arrested or found involved in any other criminal case in future, the bail granted to him by this Court shall stand automatically cancelled without reference to this Court. A copy of this order be sent to the 3 concerned court as also to the concerned police station for their information. (MAHESH BHAGWATI),J. Mak/- 24