IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.6262/2010 Phool Khan Vs. State of Rajasthan Date of order : 21/07/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. H.C. Saini for accused petitioner Mr. Amit Poonia, Public Prosecutor for the State Mr. G.S. Fauzdar for the complainant ****** Heard learned counsel for the petitioner, learned Public Prosecutor for the State and perused the relevant documents placed before me. Contention of the learned counsel for the accused petitioner is that the offence alleged against the petitioner is one under Sections 136 and 137 of the Electricity Act. He has been made accused simultaneously in four cases only on the ground that certain quantity of copper wire was recovered from him, whereas the allegation of committing theft is against some other accused. Even otherwise, the offence alleged against the petitioner is triable by the Court of Magistrate and the maximum sentence prescribed under the Act is three years. According to the learned counsel, the petitioner would under-take not to indulge himself in commission of any such offence in future. On the other hand, learned Public Prosecutor has opposed the bail applications. Considering the rival submissions and without expressing any opinion on the merits of this case but taking into consideration all the facts and circumstances of the case, I deem it just and appropriate to enlarge the petitioner on bail during trial. Resultantly, the bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner Phool Khan S/O Shri Bhure Khan shall be released on bail in F.I.R. No. 139/2009 of P.S. Ramgarh Pachwara, District Dausa on his furnishing a personal bond in the sum of Rs.50,000/- together with two sureties in the sum of Rs.25,000/- each to the satisfaction of the trial Court for his appearance before that court on all dates of hearing and as and when called upon to do so till conclusion of the trial. However, it is made clear that in case the petitioner is again found indulging in similar or any other offence at any point of time in future, the bail granted to him by this court in the present case and in other cases, 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 petitioner, and the sureties to be produced in support thereof shall be verified by the Tehsildar of the area concerned. (MOHAMMAD RAFIQ), J. Thanvi