MUNIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the accused-petitioner and learned Public Prosecutor for the State.

(2.) IT is submitted that the co-accused Babuda has been enlarged on bail by the learned Sessions Judge. The bail application of the petitioner Muniya Chowkidar has been rejected only on the ground that the petitioner is involved in so many other cases. Learned counsel for the petitioner submitted that this cannot be a ground for refusing the bail. He placed reliance on the decision of this Court in Vijaysingh vs. State of Rajasthan (1) therein, it has been held that for rejection of bail, it cannot be a ground that the accused-petitioner is involved in several theft or decoity cases. This application is squarely covered by the decision of this Court in Vijay Singh's case (supra ). Considering all the facts and circumstances of the case, I am inclined to grant bail under Sec. 439, Cr. P. C. to the accused Muniya Chowkidar. Hence, I direct that the accused petitioner, named above, shall be enlarged on bail in Criminal Case No. 267/89 provided he furnishes a personal bond in the sum of Rs. 40,000/-with two sureties of Rs. 20,000/- each to the satisfaction of the Addl. Chief Judicial Magistrate, Jaitaran for his appearance in that court on the next date of hearing and as and when called upon to do so and further provided that if he is not required in any other case. .