1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR ORDER S.B. Cr. Misc Second Bail Application No. 4388/2010 Sharif Khan Vs State of Rajasthan through PP 13.5.2010 HON'BLE MR JUSTICE MN BHANDARI Mr SK Jain Mr JK Pandey - for the petitioner Mr Sanjeev Mehla, PP – for the State Heard learned counsel for the parties and perused the record of the case. Learned counsel for the petitioner submits that charge sheet in this matter has already been filed for an offence under section 9/51 of Wild Life Protection Act and section 4/25 of Arms Act. The maximum term of punishment is three years rigorous imprisonment and the case is triable by First Class Magistrate. Looking to aforesaid as also the fact that petitioner is behind bars since 1.3.2010, he may be released on bail as otherwise he would face the trial. No previous case exists against petitioner. Hence, petitioner may be granted bail. 2 On the other hand, learned Public Prosecutor has opposed the bail application. After considering the rival submissions of the parties and without expressing any opinion on merits of the case, which may otherwise affect outcome of the trial, looking to the facts of this case, I am of the view that petitioner deserves to be enlarged on bail. Accordingly, the bail application is accepted and it is directed that petitioner namely, Sharif Khan may be released on bail under Section 439 CrPC in FIR No. 23/2010 registered at Police Station – Bhalta, District – Jhalawar for offence under Section 9/51 of Wild Life Protection Act and section 4/25 of Arms Act provided, he furnishes a personal bond in the sum of Rs.40,000/- together with one local surety in the like amount to the satisfaction of the learned trial Court for his appearance before that Court on all subsequent dates of hearing and as and when called upon to do so. (MN BHANDARI), J. bnsharma