MAHESH BHAGWATI, J. - (1.) THIS order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Shri Rajneesh Gupta Advocate on behalf of the applicant Sabu pertaining to F.I.R. No. 43/1996 of Police Station Basedi, District Dholpur in the offences under Sections 395, 397 and 398 of IPC.
(2.) HEARD the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the material on record. Learned counsel for the accused petitioner has contended that two co-accused persons of this case have already been acquitted by the Special Judge, Decoity Affected Aread, Dholpur under Sections 395 and 397 of IPC. The charge-sheet under Section 299 of Cr.P.C. was filed against these accused persons. Chhatar and Sabu. One of these accused persons Chhatar has already been enlarged on bail by this Court vide order dated 15.10.2008 and the case of the petitioner Sabu is similar to that of Chhatar, hence, in view of these facts, the petitioner may also be enlarge on bail. Learned Public Prosecutor has opposed the bail application on the ground that the challan was filed against the petitioner under Section 299 of Cr.P.C as he was absconding. Having considered the submissions made at the bar and scanned the relevant material available on record, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C. It is, therefore, ordered that the accused petitioner Sabu S/o Shri Sahab Singh in FIR No. 43/1996 Police Station Basedi, District Dholpur shall be released on bail on furnishing a personal bond of Rs.1,00,000/- together with two surety bonds each of Rs.50,000/- to the satisfaction of the learned trial Court with the stipulation that he shall appear before that Court on all dates of hearing and as and when called upon to do so till the trial is concluded. ;