// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT PRINCIPAL SEAT, JODHPUR ORDER In S.B. Cr. Misc. Bail Application No.3653/2009 {Ismailsya Vs. State of Rajasthan} Date of Order ::: 13th July, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Shri Iqbal Sherani, Counsel for petitioner Shri Anees Bhurat, PP for the State #### By the Court: Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case. It is contended on behalf of the petitioner that the offence under Section 308, I.P.C., is punishable with imprisonment for three years and in the case of injury with seven years rigorous imprisonment, and the offence under Section 458, I.P.C., is triable by the Court of Magistrate; the accused-petitioner is in judicial custody for the last about 20 days. After considering the submissions of learned counsel for the parties, examining the record and the facts and circumstances of the case, but without expressing any opinion on its merits and demerits, I think it fit and proper to allow this application under Section 439, // 2 // Cr.P.C. Hence, it is directed that accused- petitioner Ismailsya Son of Amirsya, Resident of Maroth, Tehsil Nawan, District Nagaur (at present in Jail, Parbatsar) be released on bail under Section 439 Cr.P.C., in F.I.R. No. 49/2009, Police Station Maroth, registered under Sections 143, 148, 458, 325 and 308, I.P.C., provided he furnishes a personal bond in the sum of Rs.25,000/- (Rupees twenty five thousand only) together with one surety of the like amount to the satisfaction of the trial court for his appearance before that court on all subsequent dates of hearing and as and when called upon to do so. The bail application stands disposed of. (NARENDRA KUMAR JAIN), J. //Jaiman//