CRLMB4799/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.4799/2010 Ram Swaroop Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 27.05.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Ajay Gupta, Counsel for petitioner Shri Amit Punia, Public Prosecutor #### By the Court:- Heard learned counsel for petitioner as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case. Contention of learned counsel for petitioner is that accusation against petitioner is under Section 19/54 of the Rajasthan Excise Act for which maximum punishment provided is 3 years RI and it is triable by a court of Magistrate; his bail application was rejected by the court below considering the fact that six cases were registered against him but out of them five cases pertain to the years 2003 and 2004 and only one case is of 2009. Out of these six cases, the alleged offence in three cases was under Sections 323, 341 and 336 IPC, and the same have been compounded on account of compromise between the parties; the petitioner would undertake not to indulge in any such kind of offence in future. 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-petitioner, namely, Ram Swaroop Son of Shri Phool Chand on bail CRLMB4799/2010 // 2 // under Section 439 Cr.P.C., in FIR No.156/2010, Police Station Mahesh Nagar, Jaipur, for offence under Section 19/54 of the Rajasthan Excise Act, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25000/- each to the satisfaction of the trial court for his appearance on all subsequent dates of hearing and as and when called upon to do so. However, the surety to be submitted by the petitioner, shall be verified by the Tehsildar of the concerned area or any other competent revenue authority. However, in case petitioner is found indulged in repeating the similar offence at any point of time the prosecution will be at liberty to apply for cancellation of his bail before the court below itself. The bail application stands disposed of. (Mohammad Rafiq) J. //Jaiman//