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1991 DIGILAW 79 (RAJ)

Prakash Chand v. State

1991-01-23

J.R.CHOPRA

body1991
JUDGMENT 1. - In this case, the accused petitioner Prakash Chand is facing trial for the offences under Sections 457/380 I.P.C. His bail application has been refused on the grounds that he has been convicted twice for the similar offences and he has no fixed about because some times, he says that he lives at Bombay and some times he says that he belongs to Madhya Pradesh. 2. Mr. Sunit Avasthi, the learned counsel appearing for the petitioner submits that before the learned Sessions Judge, an affidavit has been filed mentioning therein that out of two convictions recorded against him, the petitioner has been acquitted in one of them, by the appellate Court and therefore, there is no bar under Section 437 Cr.P.C. to release him on bail. 3. On the other hand, Mr. B.L. Avasthi the learned Public Prosecutor appearing for the State has submitted that the accused petitioner has been convicted twice for the similar offences and therefore he deserves no leniency. 4. I have considered the rival submissions made at the bar. In the facts and circumstances of the case, I am inclined to take a lenient view in the matter and grant one more opportunity to the accused petitioner to release him on bail. Consequently, this bail application is allowed, and it is hereby ordered that if accused petitioner Prakash Chand furnishes a personal bond in the sum of Rs. 20,000/- and two local sureties in the sum of Rs. 10,000/- each to the satisfaction of the learned Judicial Magistrate No. 1, Ajmer, he be released on bail on this condition that he will not misuse the liberty granted to him and if he does so, the learned Judicial Magistrate will be free to cancel his bail.Bail granted. *******