SB Crlmb No.4894/10 v. State of Rajasthan

HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Manish Sharma for the petitioner. Shri Amit Poonia, Public Prosecutor for State. ****** Heard learned counsel for petitioner, learned Public Prosecutor for the State and perused the relevant documents placed before me. Contention of the learned counsel for the petitioner is that he only offence alleged against the petitioner is under Section 16/54 of the Rajasthan Excise Act, 1950. This is his first offence which is triable by the Magistrate of Ist Class. There is no previous case except the present pending against the petitioner. He is in jail for quite some time. He undertakes not to repeat the similar offence in future. Learned Public Prosecutor has opposed the bail application. Considering the submissions made at the bar, the nature of accusation, the SB Crlmb No.4894/10. 2 materials on record and all other facts and circumstances of the case, I deem it just and proper 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-Shankar s/o Chandra Meena shall be released on bail in FIR No.1/2010-11 registered at Excise Officer Kekari Division, Ajmer for offence under Section 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 court on all dates of hearing until conclusion of the trial with the stipulation that he shall not repeat such offence in future and in case, he is again found committing similar offence, prosecution will be at liberty to apply for cancellation of his bail on this ground alone. (MOHAMMAD RAFIQ), J.