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Judgment
Dinesh Mehta, J
The present bail application has been filed by the applicant under Section 439 of the Cr.P.C. seeking regular bail in connection with FIR No. 137/2023 registered at Police Station Sirohi Sadar, District Sirohi for the offences under Sections 392/34 of Indian Penal Code.
Learned counsel for the applicant argued that the offence alleged against the applicant is triable by Magistrate and the charge-sheet has been filed. He submitted that the recovery of the motorcycle has been made and thus, neither any investigation nor any recovery remains to be made from the applicant, who is behind the bars since 13.11.2023.
Learned Public Prosecutor vehemently opposed the bail application by contending that two criminal cases are pending against the present applicant.
Having heard learned counsel for the parties and considering that the charge-sheet has been filed, this Court is of the view that pendency of two cases; one under Section 4/25 of Arms Act and other under Sections 447, 427, 435 of IPC have no bearing so far as the present case under Section 392 of IPC is concened.
Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. The applicant Hima Ram S/o Shata Ram arrested in connection with the FIR No. 137/2023 registered at Police Station Sirohi Sadar, District Sirohi shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the trial Court.
Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.