1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR 1. S.B. CR.MISC.BAIL APPLICATION NO.4961/2010 Hukam Chand & Anr. Vs. State 2. S.B. CR.MISC.BAIL APPLICATION NO.4626/2010 Banwari Lal Vs. State 3. S.B. CR.MISC.BAIL APPLICATION NO.4328/2010 Om Prakash & Anr. Vs. State 4. S.B. CR.MISC.BAIL APPLICATION NO.4709/2010 Sanjay Pareta Vs. State Date of order : 25/5/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Mukesh Kumar Verma ) Shri Dayanand Sharma ) Shri Narendra Singh Dhakad ) Shri Ajay Singh ) for the petitioners. Shri G.S. Fauzdar, Special P.P.) Shri Amit Punia, P.P. ) for the State. ****** Heard learned counsel for the petitioners, learned Special Public Prosecutor for the State and perused the relevant documents placed before me. Contention of the learned counsel for the petitioners is that petitioner Hukam Chand is accused of buying stolen 10 K.M. Rabbit Conductor and accused Banwari Lal, is said to have helped in looting that Rabbit Conductor by his Crane. For other accused, it is alleged that they committed theft of the said Rabbit Conductor. The incident is said to have been occurred on 31.12.2009 whereas FIR was registered on 8.4.2010. Arrest of the accused- petitioners was made in the second and third week of April, 2010. Recovery of Rabbit Conductor as well as the Crane with the help of which it is looted, has already been made. Investigation is complete and there is no previous criminal case against the petitioners. 2 The offence is under Section 136 of Electricity Act and u/s. 379 of IPC, which are both triable by the Court of Magistrate. 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 petitioners on bail. In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioners (1)Hukam Chand S/o Girdhari Lal, (2) Durga Shankar S/o Nand Kishore Nayak, (3) Banwari Lal S/o Ramnarain Kumhar, (4) Om Prakash S/o Dev Lal Mehar, (5) Bharat Rat S/o Ram Lal Bairwa and Sanjay Pareta S/o Babu Lal Pareta shall be released on bail in F.I.R. No.68/2010 P.S. Sarola Kalan, District Jhalawar, provided each of them furnishes 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 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, in case the petitioners are found indulged in similar offence at any point of time, the prosecution would be at liberty to apply for cancellation of their bail before the Court of Sessions itself and the bail would be liable to be cancelled on this ground alone. (MOHAMMAD RAFIQ), J. RS/