SURJEET SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS order governs the disposal of bail application filed under Section 439 of cr. P. C. by Mr. Liyakat Ali Advocate on behalf of the applicant Surjeet Singh pertaining to F. I. R. No. 137/2009 at police station Nayapura, Kota, in the offences under Sections 324 and 341 of IPC and 4/25 of Arms Act.

(2.) HEARD learned counsel for the petitioner as also learned Public Prosecutor appearing for the State and perused the relevant material available on record.

(3.) LEARNED counsel for the petitioner has canvassed that albeit, the case was committed by the Magistrate having jurisdiction to the additional Sessions Judge, No. 2 (Fast Track), kota for trial but the learned Additional sessions Judge did not find the offence under section 308 of IPC to have been made out, hence, the case was turned down for trial to the court of concerned Judicial Magistrate for trial in the offence under Sections 341 and 324 of IPC and Section 4/25 of Arms Act. Learned counsel has further contended that all these offences are bailable and irrespective of the number of criminal cases pending against the petitioner, he has an absolute right to get bail in the bailable offence. Learned counsel for the petitioner has further contended that as per the scheme of Section 37 of Arms Act, 1959, the offence under Section 4/25 of Arms Act is bailable. He has further contended that in the bailable offence, the provisions of Section 437 or 439 of Cr. P. C. are not attracted. On the contrary, the petitioner's case is required to be dealt with under Section 436 of Cr. P. C. , hence, the petitioner, as a matter of right, deserves to be granted indulgence of bail.