KARAN ALIAS BABU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS order governs the disposal of bail petition filed under section 439 of Cr. P. C. by mr. Vinay Pal Yadav Advocate on behalf of the applicant Karan @ Babu pertaining to FIR no. 124/2009 of Police Station Ramganj, Ajmer 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 6 inches long knife on 10. 06. 2009 at 2:00 pm in Sansi Basti, Ajmer. 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. The learned Sessions Judge ajmer, has dismissed the bail petition on the ground that he was also involved in as many as 19 criminal cases and thus, he was a habitual offender. 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.