1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. 2nd Bail Application No. 7903/2009 Jai Singh vs. State of Rajasthan Dated : 09.10.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Shyam Bihari Gautam, for the petitioner. Mr. Amit Punia, Public Prosecutor for the State. This order governs the disposal of second bail application filed under Section 439 of Cr.P.C. by Mr. Shyam Bihari Gautam Advocate on behalf of the applicant Jai Singh pertaining to F.I.R. No. 23/2009-10 at police station Excise Circle, District Sikar, in the offence under Section 19/54 and 57 of Rajasthan Excise Act. 2. Heard learned counsel for the petitioner as also learned Public Prosecutor appearing for the State and perused the relevant material available on record. 3. Learned counsel for the petitioner has canvassed that the police after completion of investigation has filed the police report under Section 173(2) of Cr.P.C. in the Court, which is pending trial. The petitioner has been in custody since 9th August, 2009 and the trial is likely to take time. No other criminal case is pending against him, hence, under the changed circumstances, he may be granted indulgence of bail. 4. Learned Public Prosecutor has opposed the bail petition. 5. Having considered the submissions made at the bar and carefully scanned the relevant material available on record, it is found that 2 the police after completion of investigation has filed the charge-sheet in the court and the trial of the case is likely to take time. The offence wherein, the petitioner is alleged to have been involved is triable by the Judicial Magistrate, First Class, hence, I, without expressing any opinion on the merits of the case but keeping in view the changed fact situation, do feel inclined to grant indulgence of bail to the accused petitioner. 6. It is, therefore, ordered that the accused petitioner Jai Singh S/o. Keshar Singh in F.I.R. No. 23/2009-10 at police station Excise Circle, District Sikar shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- together with two surety bonds each in the sum of Rs. 25,000/-, to the satisfaction of the learned trial Court with the stipulation that he shall appear before that Court on all dates of hearing and as and when called upon to do so till the trial is concluded. 7. However, it is made clear that if the petitioner is arrested in any other criminal case of alike nature, the bail granted to the petitioner shall stand automatically cancelled without reference to this Court. A copy of this order may be sent to the concerned trial court as also to the concerned police station for their information. (MAHESH BHAGWATI),J. Mak/- s-5