S.B.CR.MISC.BAIL APPLICATION NO.7639/2012. Gurunam Singh v. State of Rajasthan Date of order :- September 7
Case at a glance
- Decided
- 07 Sep 2012
- Bench
- MOHAMMAD RAFIQ
Provisions considered
- Rajasthan Excise Act, 1950 ss. 16, 54
- Indian Penal Code, 1860 ss. 323, 341
- Code of Criminal Procedure, 1973 s. 439
Judgment
O R D E R S.B.CR.MISC.BAIL APPLICATION NO.7639/2012. Gurunam Singh Vs. State of Rajasthan Date of order :- September 7, 2012. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Girish Khandelwal for the petitioner. Shri Javed Choudhary, Public Prosecutor for State. ****** This Court on 22/8/2012 required the Public Prosecutor to send the case diary back for filing result of investigation. The investigation officer proposed to file the charge-sheet against petitioner in the competent court on 6/9/2012 but the court has returned the papers to the police for further investigation. Contention of the learned counsel for the petitioner is that offence alleged against petitioner is only one u/S.16/54 of the Rajasthan Excise Act, 1950, which is triable by the Magistrate of Ist Class. Petitioner was arrested on 9/7/2012 and he has remained behind the bars for more than fifty days. He undertakes not to repeat the similar offence in future and maintain good conduct and behaviour while on bail.
Trial may take long. There are three more cases of the Excise Act and third one is for offence u/Ss.323 & 341 IPC. Learned Public Prosecutor has opposed the bail application but could not controvert the facts aforestated. SB Crlmb No.7639/12. 2 Without expressing any opinion on the merits of the case however in view of all other facts and circumstances of the case, I am inclined to enlarge the petitioner on bail. In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner – Gurunam Singh S/o Deewan Singh shall be released on bail in FIR No.245/2012 registered at Police Station Laxmangarh, District Alwar for offence u/S.16/54 of the Rajasthan Excise Act, 1950 on his 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 his appearance before that trial court on all dates of hearing until conclusion of the trial on the following two conditions:- (i) that petitioner shall report at Police Station Laxmangarh, District Alwar on 1st day of every month.
(ii) similar offence in future. that petitioner shall not repeat the In case, any one of the aforesaid two conditions are violated, the bail granted to the petitioner in this case and in any other case, shall be liable to be cancelled at the instance of the prosecution by the trial court and he shall be liable to re-arrested for facing trial. (MOHAMMAD RAFIQ), J. Anil/36 All corrections made in the judgment/order have been incorporated in the judgment/order being e-mailed Anil Kumar Goyal Sr.P.A. Cum JW
Questions this judgment answers
Which statutory provisions did this judgment involve?
Rajasthan Excise Act, 1950 — ss. 16, 54; Indian Penal Code, 1860 — ss. 323, 341; Code of Criminal Procedure, 1973 — s. 439.
Which court decided this case, and when?
Rajasthan High Court, on 07 Sep 2012. The bench was MOHAMMAD RAFIQ.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.