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Dinesh vs. State of Rajasthan

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Arms Act, 1959–Secs. 3/25 & 37 & 25(1B)–Code of Criminal Procedure, 1973–Secs. 436 & 439–Prayer for granting the bail with the contention that the offences are b ailable–Section 37 is a clear provision only for arrest and searches and does not deal with the bail in specific–Sec. 25(1B) provides for the punishment for the offence u/s. 3–Punishment is extendable up to three years imprisonment–As per the Schedule. I, Part II of Cr.P.C., offences which are punishable with less than three year imprisonment and are non-cognizable, are the bailable offences–Sec. 38 makes every offence under the Act as cognizable offence–Held, all the offences including the offence provided under Arms Act, as prescribed u/s. 25(1B) which is extendable up to three years imprisonment, are non-bailable offences–Declined to grant the bail on this ground.