JAGDISH AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Each of the accused-petitioner has moved a separate application for grant of bail under Section 439 Cr.P.C. Although, the aforesaid bail applications arise out of different FIRs registered from time to time at different Police Stations situated in the State of Rajasthan, but as a common question of law has been raised in these applications, they are being decided and disposed of by this common order. The common question of law which has been raised in these applications is whether the substances/articles allegedly recovered from the possession of each of the accused-petitioners is an "explosive" within the meaning of the Explosives Act, 1884 (hereinafter to be referred as "the Act of 1884") or an "explosive substance" within the meaning of the Explosives Substances Act, 1908 (hereinafter to be referred as 'the Act of 1908') and another question of law is whether the offence committed by each of the accused-petitioners is covered under the Act of 1884 or the Act of 1908. It is to be noted that if it is found that the offence so committed is punishable under the provisions of the Act of 1884, the same is to be treated as a bailable offence and the accused-petitioner is entitled to be released on bail as a right, but if it is found that the offence is punishable under the provisions of the Act of 1908, then the accused-petitioner is not entitled to be released on bail without considering the merit of the case.

(2.) S.B.Criminal Misc.Bail Application No.1129/2015 filed by the accused-petitioner-Shri Jagdish and S.B.Criminal Misc.Bail Application No.704/2015 filed by the accused-petitioner-Shri Mangi Lal have arisen out of FIR No.5/2015 registered at Police Station Sadar, Dausa for the offences under Sections 4 & 5 of the Act of 1908. The prosecution case is that Ammonium Nitrate weighing 93 Kg. and blue coloured safety fuse wire was found in the possession of the accused-petitioner Shri Mangilal without any valid licence or permit when he was carrying them from one place to another by Motorcycle bearing registration No.RJ-29-2M-0354 on 03.01.2015, whereas Ammonium Nitrate weighing 141 Kg. was recovered from the possession of the accused-petitioner-Shri Jagdish on 07.01.2015 without any valid licence or permit. The bail application under Section 439 Cr.P.C. filed by the accused-petitioner-Shri Mangilal was dismissed by the Additional Sessions Judge, Dausa vide order dated 09.01.2015, whereas that filed by the accused-petitioner-Shri Jagdish was dismissed by the same Court vide order dated 13.01.2015.

(3.) S.B.Criminal Misc.Bail Application No.883/2015 filed by the accused-petitioner-Shri Sher Singh has arisen from FIR No.19/2015 registered at Police Station Bayana (District Bharatpur) for the offences under Sections 4 & 5 of the Act of 1908. As per prosecution case on 7.1.2015 green coloured fuse wire measuring 5 ft., four aluminum topies, and three gullas (detonators) alongwith a tractor fitted with compressor and two rods and two sabbals were found in the possession of the accused-petitioner-Shri Sher Singh without any valid licence or permit and he was having the aforesaid substances/articles in his possession for making hole in a hill for mining purposes. The bail application under Section 439 Cr.P.C. filed by the accused-petitioner was dismissed by the Additional Sessions Judge No.1, Bayana vide order dated 16.01.2015.