JUDGMENT 1. - This fourth bail application under section 439 of the Code of Criminal Procedure, after rejection of the bail application under section 437(6) of the Code of Criminal Procedure by the trial court, has been filed by accused petitioner Mohammad Iliyas in FIR No. 50/2007 registered at Police Station City Kotwali, Jhalawar for the offences under sections 411, 414, 467, 468, 471 & 120-B IPC. 2. Heard learned counsel for accused petitioner as well as Public Prosecutor for the State and perused the material available on record. 3. Learned counsel for petitioner inter alia contended that the case is triable by Judicial Magistrate, the charges was framed after so many adjournments on 26.7.2007 and 2.8.2007 was fixed as the first date of taking th evidence but the trial has not been concluded within a period of sixty days from the first date fixed for taking the evidence, therefore the petitioner is entitled to be released on bail in view of the provisions of section 437(6) of the Code of Criminal Procedure. Reliance was place on Anil Kumar v. State of Rajasthan, reported in 2005(1) R.C.C. 284 and Gautam Kandiya Bhonsle v. State of Rajasthan, reported in 2004(2) R.C.C. 944 . It was then contended that accused petitioner is a businessman and he is not having any criminal antecedent and no valid reasons have been accorded while refusing the bail application under section 437(6) of the Code of Criminal Procedure. 4. Learned Public Prosecutor opposed the bail application and contended that nine statements have so far been recorded. 5. I have considered the rival submissions made at the bar. It is admitted case that after the first date of recording the evidence more than sixty days have elapsed since then and the trial has not been completed for no fault on the part of the petitioner. The petitioner is behind the bars since last about ten months. It is also not the case of the prosecution that accused petitioner is having criminal antecedents. Theaccused petitioner is, therefore, entitled for bail under section 437(6)of the Code of Criminal Procedure as there are no exceptional circumstances to refuse him bail. 6. In the result, this fourth bail application is allowed and it is ordered that accused petitioner Mohammad Iliyas son of Haidar Bux be released on bail provided he furnishes a personal bond in the sum of Rs. 6. In the result, this fourth bail application is allowed and it is ordered that accused petitioner Mohammad Iliyas son of Haidar Bux be released on bail provided he furnishes a personal bond in the sum of Rs. 30,000/- together with two surety bonds each in the sum of Rs. 15,000/- to the satisfaction of the learned trial court with the stipulation to appear before the Court on all dates of hearing and as and when called upon to do so during the pendency of the trial against him.Bail allowed. *******