Rajasthan High Court - Jaipur
Ramchandra S/O Magani Ram vs State Of Rajasthan on 5 February, 2022
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 1702/2022
Ramchandra S/o Magani Ram, Aged About 44 Years, R/o Kasan,
PS Ladnu, Distt. Nagaur (Raj.).
(At Present Confined In Sub Jail Fathepur, Distt. Sikar)
----Accused-Petitioner
Versus
State Of Rajasthan, Through Its P.P.
----Respondent
For Petitioner(s) : Mr.Narendra Kumar Pareek, Adv.
(Through VC) For Respondent(s) : Mr.Laxman Meena, P.P. HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 05/02/2022 Heard learned counsel for the parties. The present bail application has been filed under Section 439 Cr.P.C. in connection with FIR No.06/2022, registered at Police Station Balara, District Sikar for the offence(s) under Sections 19/54 & 54-A of the Excise Act, 1950.
Learned counsel for the accused-petitioner submitted that the offences alleged against the petitioner are triable by the Magistrate.
Learned counsel submitted that the accused-petitioner does not have any criminal antecedents of committing any offence under the Excise Act and as such the petitioner is entitled for grant of bail.
Learned counsel submitted that petitioner is in custody since 21.01.2022. Learned counsel further submitted that the Police (Downloaded on 05/02/2022 at 09:22:06 PM) (2 of 3) [CRLMB-1702/2022] after investigation has already effected recovery of the excise articles-liquor, and he is not required for any custodial interrogation.
Learned Public Prosecutor has opposed the present bail application and submitted that there are two other criminal cases, which are pending against the accused-petitioner and as such the petitioner is not entitled for grant of bail.
This Court prima-facie notices the following features in the present case, which reads as under:-
(i) The offences alleged against the petitioner are triable by the Magistrate.
(ii) The petitioner does not have any criminal antecedents of committing similar kind of offence under the Excise Act.
(iii) The petitioner is in custody since 21.01.2022 and the alleged recovery of excise articles-liquor has already been effected and the petitioner is not required for any custodial interrogation.
This Court, in view of the aforesaid discussion and without expressing any opinion on the merits of the case, deems it just and proper to release the petitioner on bail.
Accordingly, the present bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Ramchandra S/o Magani Ram, shall be released on bail, provided he furnishes a personal bond in the sum of Rs.1,00,000/- along with two sureties in the sum of Rs.50,000/- each, to the satisfaction of the learned Trial Court for his appearance before (Downloaded on 05/02/2022 at 09:22:06 PM) (3 of 3) [CRLMB-1702/2022] the Court concerned on all the dates of hearing and as and when called upon to do so.
This Court while granting bail also deems it proper to impose a condition that if the accused-petitioner is found to be involved in similar kind of cases, in future, after releasing on bail, learned Public Prosecutor will be free to move an application for cancellation of bail.
(ASHOK KUMAR GAUR),J Monika/11 (Downloaded on 05/02/2022 at 09:22:06 PM) Powered by TCPDF (www.tcpdf.org)