CRLMB3908/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.3908/2010 Sakool and Another Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 13.05.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Laxmi Kant Sandilaya, Counsel for the petitioners Shri G.S. Faujdar, Public Prosecutor #### By the Court:- Heard learned counsel for petitioners as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case. Learned counsel for petitioners has argued that allegation against petitioners is that they were trying to sell some biscuits to certain persons describing them to be of gold whereas in fact the same were not of gold and thereby committed offence under Sections 420 and 511 IPC. It is submitted that no actual offence ever took place because it is not even the case of the prosecution that the said biscuits were sold to anyone. There is no previous case registered against any of the accused-petitioners and that the investigation in the matter is complete; challan has also been filed; trial of the case is likely to take long time; petitioners are in jail for last more than one month. 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-petitioners, CRLMB3908/2010 // 2 // namely, (1) Sakool Son of Ibrahim and (2) Sharif Son of Ibrahim on bail under Section 439 Cr.P.C., in FIR No.55/2010, Police Station Govindgarh, District Alwar, provided, each of them furnishes a personal bond in the sum of Rs.30,000/- (Rupees thirty thousand only) with two sureties of Rs.15000/- each to the satisfaction of the trial court for their appearance on all subsequent dates of hearing and as and when called upon to do so. However, in case petitioners are found involved in repeating the similar offence at any point of time the prosecution will be at liberty to apply for cancellation of their bail. The bail application stands disposed of. (Mohammad Rafiq) J. //Jaiman//