SB Crlmb No.6020/10. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B.CR.MISC.BAIL APPLICATION NO.6020/2010. Pappu & Anr. Vs. State of Rajasthan Date of order : July 8, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Rajendra Kumar Sharma for petitioners. Shri Amit Punia, Public Prosecutor for State. Shri G.S. Rathore for the complainant. ****** Heard learned counsel for petitioners, learned Public Prosecutor for the State, learned counsel for the complainant and perused the relevant documents placed before me. Contention of the learned counsel for petitioners is that the offence alleged against the petitioners is one for offence u/S.136 of the Indian Electricity Act, which is punishable by making sentence of three years, which is triable by the Magistrate of Ist Class. Allegation against the petitioners is that they had stolen oil from transformer worth of which is hardly Rs.3,000/-. Recovery has already been made. Investigation is complete. There is no previous case pending against the petitioners. Learned Public Prosecutor has opposed the bail application. Considering the submissions made at the bar, the nature of accusation, the materials on SB Crlmb No.6020/10. 2 record and all other facts and circumstances of the case, I deem it just and proper to enlarge the petitioners on bail. In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioners Pappu S/o Ramchandra and Kalu @ Rajulal S/o Nand Lal shall be released on bail in FIR No.212/2010 P.S. Hindoli, District Bundi for offence u/S.136 of the Indian Electricity 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 their appearance before that court on all dates of hearing until conclusion of the trial with the stipulation that they shall not repeat such offence in future and in case, they are again found committing similar offence, prosecution will be at liberty to apply for cancellation of their bail on this ground alone. (MOHAMMAD RAFIQ), J. anil