IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.6869/2010 Ram Ratan & Ors Vs. State of Rajasthan Date of order : 23/07/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Praveen Jain for accused petitioners Mr. Amit Poonia,Public Prosecutor for the State ****** Heard learned counsel for the petitioners, learned Public Prosecutor for the State and perused the relevant documents placed before me. Contention of the learned counsel for the accused petitioners is that the petitioners are real brothers and they have been falsely made accused in the present case after their arrest in FIR NO. 127/2010, registered under the same offence, in which they have already been enlarged on bail by the Court of Sessions. In the present case, they are in Jail since 20th June, 2010. Excepting these two cases, there is no criminal case pending against them. According to the learned counsel, the petitioner would under take not to indulge themselves in commission of any such offence. Offence alleged against the petitioners is triable by the Court of 1st Class Magistrate and maximum sentence prescribed under the Act is three years 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 petitioners on bail during trial. Resultantly, the bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioners (1) Ramratan @ Maya S/O Ranglal (2) Radhey @ Bodu S/O Shri Ranglal and (3) Ratiram S/O Shri Ranglal shall be released on bail in F.I.R. No. 183/2010 of Police Station Muhana, Jaipur, on their furnishing a personal bond in the sum of Rs.50,000/- each together with two sureties in the sum of Rs.25,000/- each to the satisfaction of the trial Court for their 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 petitioners are 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, 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