IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.6492/2010 Jaswant Sharma Vs. State of Rajasthan Date of order : 22/07/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Shashank Sharma for accused petitioner Mr. Amit Poonia, Public Prosecutor 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 accused petitioner is that petitioner has been falsely implicated in the present case. He is only an employee of M/s Onwards Advertising. In fact Mr. Suresh Dhillan, Director of M/s Ramkaur Marketing Solutions who happens to be the sub agent wanted to directly obtain the contract of broadcasting the Government programmes on E.TV through Onwards Advertising. Petitioner received the cheque issued in the name of the company, of which he was an employee and immediately on coming to know that cheque has wrongly been issued, he returned the cheque to the Director Local Bodies on 14th June, 2010 i.e. much prior to filing of FIR. Therefore, there was no intention of deceiving the Government, inasmuch as if at all any mischief has been committed, it is committed by Mr. Suresh Dhillan, Director of Ramkaur Marketing Solutions, who has already been enlarged on bail u/s 439 Cr.P.C. According to the learned counsel, nothing is left to be recovered. Investigation is almost complete and eventual, filing of challan and then trial of the case is likely to take considerable time. No other criminal case was ever registered against the petitioner. 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 petitioner on bail during trial. Resultantly, the bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner Jaswant Sharma S/O Shri Murlidhar Sharma shall be released on bail in F.I.R. No. 265/2010 of P.S. Ashok Nagar, Jaipur, on his furnishing a personal bond in the sum of Rs.30,000/- together with two sureties in the sum of Rs.15,000/- 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. (MOHAMMAD RAFIQ), J. Thanvi