- (1.) THIS order governs the disposal of bail application filed under Section 439 of cr. P. C. by Mr. Vinay Pal Yadav Advocate on behalf of the applicant Pabu Ram @ Babu Ram pertaining to F. I. R. No. 193/2009 at police station Clock Tower, Ajmer, in the offences under Sections 3/25 of 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 Desi Kataa on 16. 06. 2009 Learned counsel for the petitioner 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 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.;