RAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard Mr. Neqvi. The accused petitioner Ram Singh alongwith 10 or 12 persons is facing trial in the court of Additional Sessions Judge, Gangapur City for the offences under section 307 Penal Code and 3/25 of the Arms Act. He was arrested on the spot on 23-4-87 alongwith 4-5 co-associates, and since than he is in detention. It was argued by Mr. Naqvi that all other co-accused who are 10-12 in number have been released on bail by the Sessions Judge or this Court. The bail was refused to the accused petitioner by the Sessions Judge on the ground that he was caught on the spot and had an encounter with police. It was argued that the case of the accused petitioner is not different from those who have been granted bail. I have taken the submissions into consideration and perused the order of the Additional Sessions Judge, Gangapur City dated 3-10-87.

(2.) Admittedly, the accused is in custody since 21-4-87. Admittedly, again, all other accused persons have been released on bail including some of them who are caught on the spot alongwith the accused petitioners. The trial of the case has not started as yet. The trial is likely to take time. Taking the circumstances into consideration, it would not be improper to allow this bail application of accused Ram Singh.

(3.) The bail application is allowed. The accused Ram Singh will be released on bail on his executing a personal bond in the sum of Rs. 10,000.00 (Rupees Ten Thousand) with sureties, in the sum of Rs. 5,000.00 each to the satisfaction of the Addl. Sessions Judge, Gangapur City with the stipulation to appear in this court on the next date and subsequently, on all dates of hearing till the trial losts.