Rajasthan High Court - Jaipur
Praveen Kumar And Anr vs State Of Rajasthan Through Pp on 6 February, 2012
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B.CR.MISC.BAIL APPLICATION NO.1054/2012. Praveen Kumar & Anr. Vs. State of Rajasthan Date of order : February 6, 2012. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Yogesh Singhal for the petitioners. Shri Amit Poonia, Public Prosecutor for State.
****** Contention of the learned counsel for the petitioners is that only offence alleged against petitioners is one under Section 19/54 of the Rajasthan Excise Act, 1950 which is triable by the Magistrate of Ist Class and the maximum punishment provided therein is three years. This is first offence of the petitioners and no previous criminal case was ever registered against them. They are in jail since 23/12/2011. Trial may take long. They are ready to face the trial and there is no chance of their fleeing from justice.
Learned Public Prosecutor has opposed the bail application.
Without expressing any opinion on the merits of the case however considering the facts and circumstances of the case, I am inclined to enlarge the petitioners on bail u/S.439 Cr.P.C.
In the result, this bail application under Section 439 Cr.P.C. is allowed and it is directed that petitioners Praveen Kumar S/o Shri Gulab Singh and Rakesh Kumar @ Kalu S/o Shri Gyan Chand shall be released on bail in FIR No.227/2011 registered at PS Manoharpur, District Jaipur for offence u/S.19/54 of the Rajasthan Excise Act, 1950 upon their furnishing a personal bond in the sum of Rs.50,000/- together with two sureties in the sum of Rs.25,000/- each to the satisfaction of the concerned Court for their appearance before the trial court on all dates of hearing until conclusion of the trial.
However, in case petitioners are again found indulging in committing similar offence in future or any other criminal case is found to be registered against them, the bail so granted to them by this court in this case and in other pending criminal cases against them, would be liable to be cancelled at the instance of the prosecution even by the trial court and they would be liable to be re-arrested for facing trial. The trial court shall verify the fact of pendency of any more criminal case against the petitioners before releasing them from jail.
(MOHAMMAD RAFIQ), J.
Anil/175 All corrections made in the judgment/order have been incorporated in the judgment/order being e-mailed Anil Kumar Goyal Sr.P.A. Cum J