IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER SB Cr Misc Bail Application No. 2653/2010 Jagmal Singh Vs State of Rajasthan 5.4.2010 HON'BLE MR JUSTICE MN BHANDARI Mr JS Tanwar - for the petitioner Mr GS Fauzdar, PP – for the State BY THE COURT: Heard learned counsel for the parties and perused the record of the case. Learned counsel for petitioner submits that allegation against the petitioner is for offence under section 54-A of Rajasthan Excise Act only for the reason that petitioner is a registered owner of the vehicle. He sold the vehicle much prior to occurrence and at the time of occurrence it was driven by the person to whom he sold the same. Hence, anticipatory bail may be granted to him as otherwise denial for grant of anticipatory bail does not exist for the offence under section 54 A of the Act. On the other hand, learned Public Prosecutor has opposed the bail application. After taking into consideration rival submissions of the parties and without expressing any opinion on merits of the case, which may otherwise affect the outcome of the trial, but looking to the facts of this case, I allow this bail application under Section 438 CrPC. Therefore, the SHO/IO of the Exccise Police Station- Chomu, District- Jaipur is directed that in the event of arrest of the petitioner Jagmal Singh in FIR No. 43/09-10 registered for offence under Section/s 19/54 and 54-A of Rajasthan Excise Act, he shall enlarge him on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with one surety in the like amount to his satisfaction on the following conditions:- (i)He shall make himself available for interrogation by Investigating Officer as and when required; (ii)He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer; (iii)He shall not leave India without previous permission of the Court. (iv) He shall not commit same and similar offence during the period of bail. (MN Bhandari), J. bnsharma