CRLMB3989/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.3989/2010 Tejmal and Naresh Vs. The State of Rajasthan Date of Order ::: 21.05.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Sanjay Mehrishi, Counsel for petitioners Shri Amit Punia, Public Prosecutor Shri G.S. Fauzdar, counsel for complainant #### By the Court:- Heard learned counsel for petitioners, learned Public Prosecutor as well as learned counsel for complainant and perused the material made available to me during the arguments of the case. Contention of learned counsel for petitioners is that alleged offence against petitioners is one under Section 136 of the Indian Electricity Act, and maximum sentence provided for that offence is three years imprisonment. Petitioner is in jail for last more than two months. Challan has already been filed in the case. There is no other case previously registered against the petitioner. 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) Tejmal Son of Shri Rampal and (2) Naresh Son of Shri Sugrim on bail under Section 439 Cr.P.C., in FIR No.38/2010, Police Station Simaliya, provided each of them furnishes a personal bond in the sum of Rs.30,000/- with two CRLMB3989/2010 // 2 // 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 petitioners are found indulged in repeating the similar offence at any point of time the prosecution will be at liberty to apply for cancellation of their bail before the court below itself . The bail application stands disposed of. (Mohammad Rafiq) J. //Jaiman//