Bhur Singh vs. Stte

S.B.CR. MISC. BAIL APPLICATION NO.7922/2008 BHUR SINGH VS. STATE OF RAJ.

23.10.2008

HON'BLE MR. JUSTICE MAHESH BHAGWATI

Mr. Pankaj Gupta, for the petitioner. Mr. RP Kuldeep,Public Prosecutor for the State.

This order governs the disposal of bail application filed by Shri Pankaj Gupta, Advocate on behalf of the applicant Bhur Singh pertaining to F.I.R. No. 570/2008 of Police Station Kotwali, District Dausa in the offence under Section 379 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 offence wherein the petitioner is alleged to have been involved is of theft which is triable by the Court of Judicial Magistrate Ist Class. The Co-accused Sugar Singh has been released on bail by the lower Court only where he was also facing trial in two more cases. The bail petition of the petitioner has been dismissed by Sessions Judge Dausa on the ground that Bhur Singh is a habitual offender and has been involved in the cases of committing theft. The case of Bhur Singh and Sugar Singh is almost the same, hence, he may be granted bail.

The learned Public Prosecutor has opposed the bail petition on the ground that the petitioner is involved in more than one criminal cases.

Having considered the submissions made at the bar and perused the relevant material on record, I feel inclined to grant bail to the accused petitioner also under Section 439 Cr.P.C.

It is, therefore, ordered that the accused petitioner Bhur Singh S/o Shri Babulal, in FIR No.570/2008, Police Station Kotwali, District Dausa, 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