Judgment

Reportable Reserved on 20/11/2020 Pronounced on 02/12/2020

1. In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.

2. This Court perused the material available on record.

3. The petitioners have been arrested in connection with FIR No.321/2020 of Police Station Bichiwada, District Dungarpur for the offences under Section 8/20 of NDPS Act & Section 3/25 of Arms Act (CRLMB No.12956/2020); FIR No.296/2020 of Police Station Udaimandir, Jodhpur for the offences under Sections 3/25 & 5/25 of Arms Act (CRLMB No.13088/2020) and; FIR No.266/2020 of Police Station, Jai Narayan Vyas Colony, Bikaner for the offence under Section 3/25 of Arms Act (CRLMB No.13204/2020). They have preferred these bail applications under Section 439 Cr.P.C.

4. Mr. R.S. Choudhary and Mr. Jitendra Ojha, learned counsel for the petitioners, at the threshold, raised a legal issue that all the offences under the Arms Act, 1959 (hereinafter also referred to as ‘the Act’), by virtue of a bare reading of Section 37 of the Act read with Section 436 of the Code of Criminal Procedure (for brevity, ‘Cr.P.C.’), are bailable.

5. Learned counsel for the petitioners thus, while