ALTAF Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The bail application has been rejected on the ground that the accused is a habitual offender, but the order becomes contradictory because he has been released on bail in most serious cases U/s 302 Penal Code even after his previous convictions. Either bail ought not to have been granted in a case U/s 302 Penal Code also on the same ground. But if that has not been done, then on this ground of his being previous offender the bail cannot be refused in this case.

(2.) It is therefore, directed that the accused Altaf be released on bail provided he furnishes a personal bond in the sum of Rs. 5000.00 with one surety in the like amount to the satisfaction of the trial court with stipulation to appear before that court as and when called upon to do so in this case.

(3.) It is however, made clear that in case the accused repeats the offence Public Prosecutor shall take suitable step for cancellation of bail in all the cases where he has been granted indulgence. Bail granted.