IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.6954/2010 Hari Ram & Anr. Vs. State of Rajasthan Date of order : 23/07/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Mukesh Poonia for accused petitioners Mr. G.S.Rathore,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 this is first offence of the petitioner. The alleged offences U/Ss. 19/54, 54-A and 58A(F) of the Rajasthan Excise Act are triable by the Magistrate of Ist Class. The maximum sentence for the said offence prescribed under the Act is three years. Petitioners under-take not to repeat 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 petitioners on bail during trial. Resultantly, the bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioners (1) Hari Ram S/O Shri Kishana Ram and (2) Mohan Lal S/O Shri Sakha Ram shall be released on bail in F.I.R. No. 5/10-11 of Excise Police Station, Kishangarh, district Ajmer, on their furnishing a personal bond in the sum of Rs.30,000/- each together with two sureties in the sum of Rs.15,000/- 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 them 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 petitioners, and the sureties to be produced in support thereof shall be verified by the Tehsildar of the area concerned. (MOHAMMAD RAFIQ), J. Thanvi