IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B.CR.MISC.BAIL APPLICATION NO.3907/2010. Jaibhagwan and ors. Vs. State of Rajasthan Date of order : 14/5/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Vinay Pal Yadav for the petitioners. Shri Amit Poonia, Public Prosecutor for State. ******
Heard learned counsel for petitioners and the learned Public Prosecutor for the State and perused the relevant documents placed before me.
Contention of the learned counsel for petitioner is that petitioners were arrested on 28/2/2010 in FIR No.52/2010 registered at PS Clock Tower, Ajmer for offence u/S.19/54 of the Rajasthan Excise Act. During the course of investigation, police registered another FIR at PS Pisangan, Ajmer for offence under Sections 19/54 and 54-D of the Rajasthan Excise Act and in that FIR, petitioners were arrested. It is alleged that contraband belonged to Ashok Kumar and petitioners only received the same from him. Petitioners have already been enlarged on bail by the co-ordinate bench of this Court in another FIR in SB Cr.Misc.Bail Appl.No.2774/2010 and 3658/2010 respectively on 12/4/2010 and 28/4/2010. They are in jail for last two months. Challan has been filed and there is no other criminal case pending against them. Trial of the case is likely to take long time.
Considering the submissions made at the bar, the nature of accusation, the 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 petitioners Jaibhagwan, Mukesh Kumar and Satveer Singh shall be released on bail in FIR No.14/2010 P.S. Pisangan, Ajmer for offence u/Ss.19/54 and 54-D of the Rajasthan Excise Act on each of them 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 concerned Court for his appearance before that court on all dates of hearing until conclusion of the trial with the stipulation not to repeat such offence in future and in case they are again found committing such offence, prosecution shall be at liberty to apply for cancellation of their bail on this ground alone.
(MOHAMMAD RAFIQ), J.
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