Rajasthan High Court - Jaipur
Harveer Singh And Anr vs State Of Rajasthan Through Pp on 6 January, 2012
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.63/2012 Harveer Singh and Pramod Vs. The State of Rajasthan through Public Prosecutor Date of Order ::: 06.01.2012 Hon'ble Mr. Justice Mohammad Rafiq Smt. Neetu Bhansali for Shri S.K. Jindal, and Shri Manoj Avasthi, counsel for petitioners Shri Sanjeev Kumar Mahala, Public Prosecutor #### By the Court:-
Heard learned counsel for petitioners as well as learned Public Prosecutor and perused material made available to me during course of arguments.
Contention of learned counsel for petitioners is that offence alleged against petitioners is under Section 19/54 of Rajasthan Excise Act, which is triable by a court of 1st Class Magistrate; no recovery is to be made from petitioners in the matter; the petitioners have been falsely implicated in the case; there is no other criminal case ever registered against the petitioners; the petitioners would undertake not to indulge themselves in any such or other offence in future.
Learned Public Prosecutor opposed the bail application.
After considering all the facts and circumstances of the case and without expressing any opinion on its merits, I deem it just and proper to allow this bail application. It is therefore ordered that accused-petitioners, namely, (1) Harveer Singh S/o Shri Ramswaroop, Resident of Housing Board Colony, Bharatpur and (2) Pramod S/o Mahadev, Resident of Village Hatheni, Police Station Chiksana, District Bharatpur (presently confined in District Jail Dholpur) be released on bail under Section 439 Cr.P.C., in FIR No.246/2011, Police Station Saipau, District Dholpur, under Section 19/54 of the Rajasthan Excise Act, provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25000/- each to the satisfaction of the trial court for their appearance on all subsequent dates of hearing and as and when called upon to do so.
However, in case petitioners are again found indulging in similar or any other offence at any point of time in future, the bail granted to them by this court in present case would be liable to be cancelled at the instance of prosecution on this ground alone and stipulation to this effect shall be inserted in bail bonds produced by petitioners, and sureties to be produced in support thereof shall be verified by Tehsildar of area concerned.
The bail application stands disposed of.
(Mohammad Rafiq) J.
//Jaiman// All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
Giriraj Prasad Jaiman PS-cum-JW