MOHAMMED SALAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS order governs the disposal of bail petition filed under section 439 of Cr. P. C. by mr. Shamsuddin Ansari Advocate on behalf of the applicant Mohammed Salam pertaining to FIR no. 145/2009 of Police Station Bhimganj Mandi, kota in the offence under section 4/25 of the arms Act.

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

(3.) THE petitioner is alleged to have been found in possession of a naked sword on 02. 06. 2009. Learned counsel for the petitioner has canvassed 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 was 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.