HIMTIA & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioners and Public Prosecutor. Perused the order impugned dated 10.4.2003 as also the case diary.

(2.) The allegation against the petitioners is that they were preparing for dacoity. Learned counsel for the petitioners contended that at this stage, it cannot be said that what act, they would have committed except that petitioner No. 1 was having sword and petitioner No. 2 was having lathi.

(3.) Upon consideration of over all facts and circumstances of the case and taking into account the oral arguments advanced by both the parties and without expressing any opinion on the merit of case, I think it proper to enlarge the accused petitioners on bail.