- (1.)Since both the aforesaid petitions filed under Section 439 of Cr.P.C., arise out of and pertain to one FIR No. 163/2008 of police station Kaithunipol, Kota City registered in the offences under Sections 3/25 of Arms Act, they are being disposed of by this common order.
(2.)Heard the learned Counsel for the petitioners as also the learned Public Prosecutor for the State and perused the relevant material available on record.
(3.)The petitioner Ram Vilas @ Billu is alleged to have been found in possession of 9 pistols and 9 live cartridges and the petitioner Tej Mohan is involved in the sale and purchase of unlicensed arms and live cartridges. Learned Counsel for the petitioners has canvassed that as per the scheme of Section 37 of Arms Act, 1959, the offence under Section 3/25 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