1. - This order governs the disposal of bail petition filed under Section 439 of Cr.RC. by Shri Sudarshan Laddha, Advocate, on behalf of the applicant Insaaf Ali pertaining to FIR No. 237/2009 of Police Station, Nayapura District Kota in the offence under Section 4/25 of the Arms Act.

2. Heard the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the material on record.

3. The petitioner is alleged to have been found in possession of a sword on 18.5.2009 without obtaining licence from the competent authority. The learned counsel for the petitioner has canvassed that as per the provisions of section 37 of the Arms Act, the offence is bailable. The learned Sessions Judge, Kota, has dismissed the bail petition on the ground that the petitioner was Involved in as many as 6 other criminal cases, thus, he was a habitual offender but in the instant case, the provisions of section 437 or 439 of Cr.P.C. are not attracted. Rather the petitioner was required to be dealt with u/s 436 Cr.P.C., and as such the petitioner deserves to be released on bail.

4. Learned Public Prosecutor has fairly conceded that under the provisions of section 37