1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.7113/2010 Hemraj Vs. State Date of order : 27/7/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Ashvin Garg for the petitioner. Shri Amit Punia, P.P. for the State. ****** Heard learned counsel for the petitioner, learned Public Prosecutor for the State and perused the relevant documents placed before me. Contention of the learned counsel for the petitioner is that the offence against the petitioner is u/s.16/54 of the Rajasthan Excise Act for being found in possession of 70 bottles of handmade liquor. The offence is punishable by three years imprisonment and triable by Court of Magistrate. It is contended that apart from this case, there is only one case registered against the petitioner on 29.1.2009. He would undertake not to indulge in any offence in future. Learned Public Prosecutor has opposed the bail application. 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 appropriate to enlarge the petitioner on bail. 2 In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner Hemraj S/o Mohan Sansi shall be released on bail in F.I.R. No.12/2010, P.S. Aabkari Thana, Tonk for offence u/s.16/54 of Rajasthan Excise Act on his furnishing a personal bond in the sum of Rs.50,000/- together with two sureties in the sum of Rs.25,000/- each to the satisfaction of the trial Court for his appearance before that court on all dates of hearing and as and when called upon to do so till conclusion of the trial. However, in case the petitioner is again found indulging in similar or any other offence at any point of time in future, the bail granted to him by this court, 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. RS/