KAPTAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The SpI. Judge, Dacoity Affected Area has refused to grant bail to the two petitioners before me and they have moved this application under section 439, Cr. P.C. Three other accused persons in this case had been granted bail on 23/2/1988 and according to the learned counsel for the petitioners, their case is similar to that of the petitioner but the Special Judge has refused to grant bail saying that certain facts were not brought to the notice of the court at the time of deciding the earlier bail application and a wrong order came to be passed. It may be mentioned that the earlier order had been passed by the predecessor of the present Special Judge.

(2.) The petitioners role is same as that of the other accused who have been released on bail. The difference in the case against the petitioners is that they are accused in another case also but in that case they have been released on bail. This case is for the offence under section 385, I.P.C. and the petitioners are said to have taken away goats from the possession of the complainant. Considering the nature of the case it appears that this case cannot be said to be one which may end into imprisonment for life, they can be granted the same facility that granted to other accused on appropriate conditions.

(3.) It is, therefore, ordered that accused petitioners be released on bail provided each of them furnishes a personal bond in the sum of Rs. 5,000.00 (Rupees five thousand) with one surety in the like amount each to the satisfaction of the trial court with the stipulation to; appear in that court as and when called upon to do so during the pendency of the trial against them in this case with the further conditions; (a) that the petitioners shall not commit any offence; and (b) that they shall not threaten or influence the witnesses for the prosecution.