MAHIPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Mr. S. S. Sunda submits that three similarly situated co-accused persons in this very case have already been granted bail in S.B. Cr. Misc. B.A. No. 4252/91 dated 10.1.92 including Shri Bherulal from 90 kg. 300gms. opium was recovered and so far as the present petitioner is concerned only 16 kg. and 300 gms of opium has been recovered. He has submitted that the case of the present accused petitioner is in no way different rather better than the other accused persons who have already been granted bail. Accused petitioner is in jail since 24.4.90.

(2.) In the facts and circumstances of this case, I am inclined to accept this bail application under section 439, Crimial P.C.

(3.) It is, therefore, ordered that accused - petitioner Mahipal S/o Shri Sagal Ram be released on bail provided he furnishes a personal bond in the sum of rupees 30,000.00 (Thirty thousand) with two surities of Rs. 15,000 (Fifteen/Thousand) each to the satisfaction of the trial Court to appear before it as and when called upon to do so during the pendency of the trial against him. Bail granted.