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Rajasthan High Court · body

1988 DIGILAW 748 (RAJ)

Shriya v. State

1988-10-27

MOHINI KAPUR

body1988
JUDGMENT 1. - The offence said to have been committed by the petitioner is under section 216-A IPC, which is a bailable offence. The learned Special Judge, Dacoity Affected Area, Dholpur has refused bail simply for the reasons that the application is not maintainable u/s 5 of the Rajasthan Dacoity Affected Area Act. It appears that the learned Sessions Judge has not tried to understand the implication of Section 5 of the above Act. This provision does not place a complete ban on grant of bail but only makes it more difficult. In the present case, the offence is bailable and no circumstances have been shown that bail should be refused even in a case of bailable offence. This bail application in accepted.It is, therefore ordered that accused petitioner Shriya be released on bail provided he furnishes a personal bond in the sum of Rs. 10000/- (Rupees Ten thousand) with two sureties in the sum of Rs. 5,000/- each to the satisfaction of the trial Court with the stipulation for appear in that court as and when called upon to do so during the pendency of the trial against him in this case. *******