CRLMB6425/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.6425/2010 Khurshid and Mohd. Irshad Vs. The State of Rajasthan through Public Prosecutor Date of Order ::: 14.07.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri S.S. Sunda, Counsel for petitioners Shri Amit Punia, 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. Contention of learned counsel for petitioners is that the present one was otherwise a simple case for offence under Section 3/8 of the Rajasthan Bovine Act, 1995 but the police has converted it into a case involving offence under Sections 307, 353, 332, 336 IPC on the allegation that when the police party tried to intercept the petitioners' truck, they tried to flee away and they said to have hit the gypsy being driven by the police party, by the truck. Section 307 IPC has wrongly been added as no injury dangerous to life was found on any member of police party. Section 16/54 of the Excise Act has also been wrongly added because an altercation took place in between the petitioners and the police party and in order to teach them a lessen they added only those Sections of grave nature so as to make the case more serious. It is the first offence of the petitioners. There is no other case previously registered against the petitioners. They were arrested on 20.06.2010. The investigation is CRLMB6425/2010 // 2 // complete. Trial is likely to take a considerable time. 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, namely, (1) Khurshid Son of Ummed and (2) Mohd. Irshad Son of Fajruddin on bail under Section 439 Cr.P.C., in FIR No.105/2010, Police Station Soorajgarh, District Jhunjhunu, under Sections 332, 353, 336, 307, 34 IPC, Section 3 of PDPP Act, Sections 3/8, 9 of Rajasthan Bovine Act, 1995 and Section 16/54 of Excise Act, provided each of them furnishes a personal bond in the sum of Rs.30,000/- 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 the petitioners are again found indulging in similar or any other offence at any point of time in future, the bail granted to them by this court in the present case, would be liable to be cancelled at the instance of the prosecution on this ground alone and stipulation to this effect shall be inserted in the bail bonds produced by the petitioners. The bail application stands disposed of. (Mohammad Rafiq) J. //Jaiman//