HASAN, J. - (1.) DEFECTS pointed out by the Office, are over ruled.
(2.) THE earlier bail application was dismissed when the Advocates were on strike. Learned counsel for the petitioner submits that this second bail application has been presented after filing of challan and there is nothing in the challan papers to show that Forensic Science Laboratory report has been received in this case or not. In the absence of such report, it cannot be said with certainty that smack alleged to have been recovered from the possession of the petitioner is smack or not. In the charge sheet filed by the police, which has been perused by me today, it has been stated that the F. S. L. report has not yet been received. In similar circumstances, this Court in Mukhtyar Baig vs. State of Rajasthan (1) allowed the bail. So, while placing reliance on the case of Mukhtyar Baig (Supra), this bail application is, therefore, allowed. It is therefore, ordered that accused, petitioner Dhanji Bhai s/o Shri Jai Singh Rawal, Gujrati Rawal, R/o House No. 860, Raghunathpura Distt. & Teh. Ahmedabad (Gujarat) be released on bail provided he furnishes a personal bond in the sum of Rs. 50,000/- with two sureties in the amount of Rs. 25,000/- each, to the satisfaction of the trial Court (Sessions Judge, Kotah) with the stipulation to appear in that court as and when called upon to do so during the pendency of the trial against him in this case. .;