Hon'ble RATHORE, J.—This bail application under Section 439 Cr.P.C. has been filed by the accused petitioner against the order dated 15.07.2011 passed by the learned District and Sessions Judge, Dholpur in FIR No.234/2011 which was registered at Police Station, Sarmathura, District Dholpur for the offences under Sections 379 and 411 IPC, Section 3/25 of the Arms Act and Section 16/54 of the Rajasthan Excise Act.

2. The case of the prosecution is that on 06.07.2011, Shri Lakhan Singh Khatana, SHO, Police Station Sir Mathura, having received information, proceeded with force towards the temple of Kharrawale Baba and the road coming from Sone Ki Gurja where they had put barricade on the road. At about 5.20 p.m., one motorcycle with two persons came from Sone Ki Gurja and a plastic cane was kept between them on the motorcycle. When the police party tried to intercept the motorcycle, on having seen the persons in police uniform the accused ran towards the jungle after throwing away the motorcycle. Subsequently, the police personnels succeeded in catching the person who was driving the motorcycle and on the enquiry made from him, it was revealed that he was the petitioner Devi Singh. Further, it was found that he was carrying a country made pistol of 315 bore which was loaded with one live cartridge. He had disclosed the name of the other person traveling on the motorcycle as Deshraj Gurjar. On further checking made by the police, it was found that the plastic cane contained liquor prepared from spirit and the accused persons were not possessing any document with regard to liquor, country made pistol or cartridge carried by them, in the form of licence or permit.

3. The motorcycle was also found to be a stolen one. After preparing the seizure memos of the articles recovered, the accused was arrested and taken to the police station. Thereupon the instant first information report (234/2011) was registered for the offences under Section 379/411 IPC, Section 3/25 of the Arms Act and Section 16/54 of the Rajasthan Excise Act. The investigation commenced thereafter.

4. The bail application filed by the accused petitioner was dismissed by the learned Magistrate and thereafter by the learned Sessions Judge, Dholpur on 15.07.2011 against which the present bail application has been filed.

5. The learned counsel for the accused petitioner has submitted that no offence has been committed by the accused and he has been falsely implicated. Further, he has submitted that none of the offences alleged against the accused petitioner are made out In the present case and the entire prosecution version is a concocted one. He has also submitted that the learned Sessions Judge, Dholpur has erred in rejecting the bail application of the accused petitioner on the ground that other criminal cases are pending against him as the same cannot be the question of consideration for grant of bail. In support of his submission, he has placed reliance on the cases of Jaichand vs. State of Rajasthan, 1991(3) Crimes 63 and Shri Thukchuk Lachungpa vs. State of Sikkim, RLW 2001(3) SC 375.

6. On the other hand, the learned Public Prosecutor has seriously opposed the bail application. He has submitted that the accused petitioner had not only been caught on the spot but fire arm as well as illicit liquor were recovered from him. Further, he has submitted that the accused petitioner is a habitual offender and six other cases under various offences are pending against him which were registered at different police stations. Therefore, he has submitted that background of the accused, his antecedents, impact on the society on his release, the possibility of retribution, larger interest of the public and other similar factors are relevant questions while considering the question of bail to an accused. He has submitted that similar submissions, made by the counsel for the petitioner, had been considered by this Court in the case of Banti vs. The State of Rajasthan (S.B. Cr. Misc. 2nd Ba

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