S.B.CR. MISC. BAIL APPLICATION NO.7995/2008 Mahendra & Anr vs. State of Raj. 23.10.2008 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mrs.Kamla Jain, for the petitioners. Mr. RP Kuldeep,Public Prosecutor for the State. This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Mrs. Kamla Jain Advocate on behalf of the applicants Mahendra and Suresh pertaining to F.I.R. No. 152/2008 of Police Station Kanwas District Kota in the offence under Section 136 of Indian Electricity Act. Heard the learned counsel for the petitioners as also the learned Public Prosecutor for the State and perused the material on record. Learned counsel for the petitioners has contended that the offence wherein, they are alleged to have been involved is of theft of electricity which is triable by the court of Sessions Judge. The case is still pending investigation which is likely to take and keeping the petitioners in jail for uncertain period shall not serve any purpose, as such, they may be released on bail. Learned Public Prosecutor appearing for the State has vehemently opposed the bail petition primarily on the ground that both the accused persons are involved in more than one criminal case. They are habitual offenders and are found to have been involved many criminal activities and hence their bail petition may be dismissed. Having considered the submissions advanced by both the parties and scanned the relevant material on record, without expressing any opinion on the merits of the case but keeping the facts and circumstances, as also the antecedents of the petitioners, I do not feel inclined to grant bail to the accused petitioners under Section 439 Cr.P.C. In the result, the bail petition filed on behalf of the accused petitioners under Section 439 of Cr.P.C. stands dismissed. (MAHESH BHAGWATI)J. PCG