S.B.CR. MISC. BAIL APPLICATION NO.7692/2008 MOHD. SHAFI VS. STATE OF RAJ. 22.10.2008 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. NA Naqvi, for the petitioner. Mr. Jinendra Jain, Public Prosecutor for the State. This order governs the disposal of bail application filed under Section 439 of Cr.P.C by Shri NA Naqvi, Advocate on behalf of the applicant Mohammad Shafi pertaining to F.I.R. No. 68/2007 of Police Station Bhimganjmandi, District Kota, in the offences under Sections 147, 148, 149, 307, 323, 324, 325 and 326 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 name of the petitioner Mohammad Shafi does not figure in the First Information Report. He is also not alleged to have caused any injury to Isharda and Khalil. No injury has been attributed to him. Coordinate Bench, having considered the statements of PW/1 and PW/2 recorded by the learned trial Court, has granted the bail to the co-accused Sefudin and the case of the petitioner is on a similar footing to that of Sefudin, hence, he may be released on bail. The learned Public Prosecutor has opposed the bail petition. Considering all the facts and circumstances of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C. -2- It is, therefore, ordered that the accused petitioner Mohd. Shafi S/o Shri Ismail, in FIR No.68/2007, Police Station Bhimganjmandi, District Kota, shall be released on bail on furnishing a personal bond of Rs.50,000/- (Rs. Fifty Thousand) together with two surety bonds each of Rs.25,000/- 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. (MAHESH BHAGWATI)J. PCG