Judgment · High Court · 2010

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.6691/2010 Aalam Khan Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 16.07.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Sriram Yadav, Counsel for petitioner Shri Amit Punia, Public Prosecutor Shri B.S. Sandu, Counsel for complainant #### By the Court:- Heard learned counsel for petitioner, learned Public Prosecutor as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case. Contention of learned counsel for petitioner is that the offence alleged against the present accused-petitioner is under Sections 136 and 137 of the Indian Electricity Act and maximum sentence provided for that offence is three years imprisonment and the matter is triable by a court of Magistrate; the co-accused Aamin and Shaun have already been released on bail by a coordinate Bench of this Court vide orders dated 09.07.2010 in S.B. Cr. Misc. Bail Applications No.6403/2010 and 6333/2010; the petitioner would undertake not to indulge 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 and demerits, I deem it just and proper to release the accused-petitioner, namely, Aalam Khan Son of Chhutmal on bail under Section 439 Cr.P.C., in FIR No.94/2010, Police Station Sadar, Alwar under Sections 136 and 137 of // 2 // CRLMB6691/2010 the Indian Electricity Act, provided he furnishes a personal bond in the sum of Rs.30,000/- with two sureties of Rs.15000/- each to the satisfaction of the trial court for his appearance on all subsequent dates of hearing and as and when called upon to do so. The bail application stands disposed of. //Jaiman// (Mohammad Rafiq) J.