Samai Singh Vs. the State of Rajasthan

criminal procedure code - section 439-bail--allegation of using fire arms against petitioner and 2 co-accused--co-accused granted bail--held, accused be released on bail.;the allegation of using fire arm against asu khan is against the present petitioner alongwith sahib and hameed. sahib and hameed have already been granted bail. the petitioner is in jail since 4.4.1993.;i am inclined to accept this bail application under section 439, cr.p.c. to the accused-petitioners.;bail granted - m.r. calla, j.1. shri d.p. saraswat, learned counsel for the petitioner submits that 16 co-accused persons have already been granted bail and the present petitioner was not granted bail on the ground that allegation against him is that he had fired and it was because of his fire that asu khan died. shri saraswat has referred to the statement of rahmat who is brother of the deceased, recorded at the time of the inquest report and according to the brother of deceased the allegation of using fire arms against asu khan is against the present petitioner along with sahib and hameed. sahib and hameed have already been granted bail. the petitioner is in jail since 4.4.1993. challan has already been filed in the case. in the facts and circumstances of this case, without expressing any opinion on the merits of the case, i am inclined to accept this bail application under section 439, cr.p.c. to the accused-petitioner2. it. therefore, directed that accused-petitioner samai singh s/o safeda, mev, r/o village manduk-ka-bas, sahdoli, p.s.m.i.a. alwar (at present in distt. jail, alwar) shall be released on bail provided he furnishes a personal bond in the sum of rs. 10,000/- (rs. ten thousand) with two sureties of rs. 5,000/- (rs. five thousand) each to the satisfaction of the trial court with the stipulation to appear before the court as and when he/is, called upon to do so during the pendency of the trial against him/ in this case.