JAMNA LAL AND ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioners Jamna Lal and Jagmohan, learned PP for the State and perused the relevant documents placed before me including the order dated 28.10.2005 passed by tHis Court on the bail application of co-accused Bhagwan Singh admitting him to bail.

(2.) It is contended by the learned counsel for the petitioners that the offence u/S. 216A Penal Code is bailable. Still the bail has been declined to him by the trial court in view of the provisions of section 11 of the Rajasthan Dacoity Affected Area Act, 1986 (in short, the "Act of 1986") and this case is squarely covered by the judgments of this Court itself reported in the case of Shriya Vs. State (1989 RCC 189) , Ramdayal Vs. State of Rajasthan 2005(2) RCC 908 and Kedar and Anr. Vs. State of Rajasthan-S.B. Criminal Misc. Bail Application No. 5889/05 decided on 25.10.2005 wherein it is observed by this Court that where the alleged offence under the Indian Penal Code itself is bailable, the restriction on the grant of bail provided under Sec. 5 of the Act of 1986 would not be applicable.

(3.) Considering the law laid down in this behalf and the facts and circumstances of the case, the petitioner is entitled to grant of bail in this case.