IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B.CR.MISC.BAIL APPLICATION NO.8544/2010. Banna Vs. State of Rajasthan Date of order : September 13, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Sitaram Meena, representative of petitioner. Shri Prakash Chand, representative of PP office. ******
Heard representatives of the petitioner and Public Prosecutor Office and perused the material available on record.
Considering the fact that only offence alleged against the petitioner is one for offence u/Ss.19/54, 16/54 and 19/54 of the Excise Act which is triable by the Magistrate of Ist Class and all other facts and circumstances of the case, I am inclined to enlarge the petitioner on bail u/S.439 Cr.P.C.
In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner Banna S/o Shri Bhura shall be released on bail in FIR No.21/2010-11 registered at Police Station Excise Newai, District Tonk for offence u/Ss.19/54, 16/54 and 19/54 of the Excise Act on his furnishing a personal bond in the sum of Rs.30,000/- together with two sureties in the sum of Rs.15,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that court as and when he is called upon to do until conclusion of the trial.
(MOHAMMAD RAFIQ), J.