Mahesh Bhagwati, J. - (1.) - This order governs the disposal of bail petition file under Section 439 of Cr.P.C. by Shri R.R. Goyal, Advocate, on behalf of the applicant Dilip Singh pertaining to FIR No. 121/2009 of Police Station, Sarwar District Ajmer in the offence under Sections 3/25 and 4/25 of the Arms Act.
(2.) Heard the learned counsel for the petitioner as also the learned Pubiic Prosecutor for the State and perused the material on record.
(3.) The petitioner is alleged to have been found in possession of a sword and country made pistol without obtaining licence from the competent authority. The learned counsel for the petitioner has canvassed that as per the provisions of section 37 of the Arms Act, the offence is bailable. The learned Addl. Sessions Judge, Kekri, District Ajmer, has dismissed the bail petition on the ground that the petitioner was involved in more than one offence and thus he was a habitual offender but in the instant case, the provisions of section 437 or 439 of Cr.RC. are not attracted. Rather the petitioner was required to be dealt with u/s 436 Cr.RC., and as such the petitioner deserves to be released on bail.;