GIRISH CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Mr. A.K. Gupta has submitted that the accused petitioner is in Jail since last three months, challan has already been filed. Shri Gupta has submitted that as per the seizure memo the attesting witnesses are Head Constable and Constable and he has submitted that the seizure memo was not witnessed by any independent witness. The consequences of preparation of seizure memo with the attesting witnesses as police constables have been considered by this court as pointed out by Shri Gupta in S.B. Criminal Misc. IInd Bail Application No. 3409/91 Anil Kumar Vs. State of Rajasthan .

(2.) In the facts and circumstances of the case and the arguments advanced by both the sides, I am inclined to grant bail under Sec, 439, Cr. P.O. to the accused-petitioner.

(3.) It is, therefore, directed that accused petitioner Girish Chand son of Yashoda Nandan Sharma, by caste Brahmin, resident of Talmandi, House No. 2D 4 Kota shall be released on bail provided he furnishes a personal bond in the sum of Rs. 10,000.00 (Rupees ten thousand) with two sureties in the sum of Rs. 5,000.00(Rupees five thousand) each to the satisfaction of the trial Court with the stipulation to appear in that Court as and when called upon to do so during the pendency of the trial against him in this case.