JUDGMENT 1. - Heard learned counsel for the accused petitioner as well as learned Public Prosecutor. The petitioner is facing trial for the offence under Section 279/127, 327 and 384 IPC. He has moved a bail application under Section 439 Criminal Procedure Code What has been held against him is the fact that he has been convicted twice before and some cases are pending against him. The earlier conviction against him are for the offence under Sections 336, 337, 341 and Sections 307 and 432 IPC. 2. The only question which is to be seen is whether on account of his previous conviction the petitioner's application should be allowed or not. The learned counsel for the petitioner has relied upon 1986 (Vol. III) Judicial Surveyor p. 215 and bail application No. 870/1987 decided on 31-3-1987. In both these cases, the petitioners were previous convicts but consider by the facts and circumstances of the case in which the bail application had been moved, they were released on bail. 3. The learned Additional Government Advocate has contended that under section 437 Criminal Procedure Code (i) (ii) Criminal Procedure Code bail cannot be granted to a person who has been previously convicted and in this case the petitioner besides being a previous convict is facing trial for various offences. 4. I have considered the contentions raised on behalf of both the sides. The powers of the High Court or a Sessions Court under Section 439 are wider than Section 437 Criminal Procedure Code. The considerations which have been provided in Section 437 Criminal Procedure Code are to be looked into while disposing an application under Section 439, but the discretion of the High Court is very vide. Conditions can be imposed while granting bail in order to see that the liberty of the accused is not missed. As far as the facts of the present case are concerned, there can be no doubt that the petitioner can be released on bail and it will not be proper to refuse the same merely because he has been involved in other incidents and on other occasions and has been convicted. It is therefore, ordered that if the petitioner furnishes a personal bond in the sum of Rs. 10,000/- and two sureties in the sum of of Rs. It is therefore, ordered that if the petitioner furnishes a personal bond in the sum of Rs. 10,000/- and two sureties in the sum of of Rs. 5,000/- each on condition that he shall appear before the court below on all dates of hearing and further that he will not tamper with the witnesses and will present himself at the Police Station, Alwar Gate, Ajmer once a month in the first week of every month. He shall be released forthwith.Bail granted. *******