MAUSAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned Counsel for petitioner as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case.

(2.) CONTENTION of the learned Counsel for petitioner is that arrest of the petitioner in the present case has been made on the basis of production warrant from the court when he was taken into custody in another FIR No. 155/2010 PS Rajgarh for offence Under Sections 399 and 402 IPC. In the present case, alleged offence is Under Section 379 IPC, in which co -accused Nijamuddin @ Najmuddin has already been enlarged on bail by the order of coordinate Bench of this Court dated 4/5/2010 passed in S.B. Criminal Misc.Bail Application No. 3524/2010. Petitioner was arrested on 4/6/2010 and since then he is in jail. Prior to his arrest in earlier case and in this case, there is no other previous criminal case against the petitioner. Petitioner would undertake not to indulge in similar offence in future. Investigation is almost complete. Trial will take a long time.

(3.) CONSIDERING the submissions made at the bar, the nature of accusation, the materials on record and all other facts and circumstances of the case, I deem it just and proper to enlarge the petitioner on bail.