DILIP ALIAS SITARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS order governs the disposal of bail application filed under Section 439 of cr. P. C. by Mr. Ummed Khicher Advocate on behalf of the applicant Dilip @ Sitaram pertaining to f. I. R. No. 34/2008 at police station Karni vihar, Jaipur City, in the offences under sections 4/25 of 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 knife. 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. . The petitioner has been in custody for the last one yeaer, hence, the petitioner, as a matter of right, deserves to be granted indulgence of bail.