SB Crlmb No.4886/10. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B.CR.MISC.BAIL APPLICATION NO.4886/2010. Pooran & Ors. Vs. State of Rajasthan Date of order : 27/5/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Hemant Gajraj for the petitioners. Shri G.S. Rathore, Special Public Prosecutor. ****** Heard learned counsel for petitioners, learned Special Public Prosecutor and perused the relevant documents placed before me. Contention of the learned counsel for the petitioners is that they were accused in other three cases which were lodged on the same day for offence under Section 136 of the Electricity Act, which is punishable by the maximum sentence of three years. The offence is triable by the Magistrate of Ist Class. Petitioners have already been enlarged on bail in one of these cases vide order of the co-ordinate Bench of this Court dated 20/5/2010 passed in S.B.Cr.Misc.Bail Application No.4878/2010. There is no previous case except the present one pending against the petitioners. Petitioners are in jail since 12/4/2010. Recovery has already been made and no further recovery is to be made from the petitioners. Investigation is almost complete. Petitioners undertake not to SB Crlmb No.4886/10. 2 repeat the similar offence in future. Learned Public Prosecutor has opposed the bail application. 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 petitioners on bail. In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioners (1) Pooran S/o Bheemaram, (2) Ramkaran S/o Bheemaram, (3) Yadram S/o Balya and Nobatram S/o Nanachya shall be released on bail in FIR No.64/2010 P.S. Malakheda, District Alwar for offence under Section 136 of the 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