IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. Bail Application No. 6869/2009 Pemaram @ Premaram vs. State of Rajasthan Dated : 07.09.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Harendra Singh, for the petitioner. Mr. G.S. Fauzdar, Public Prosecutor for the State. This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Mr. Harendra Singh Advocate on behalf of the applicant Pemaram @ Premaram pertaining to F.I.R. No. 40/2008-09 at police station Excise, Jaipur Rural, Jaipur, in the offences under Sections 16/54 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. 490 liter wash is alleged to have been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner has contended that at the time of recovery of this alleged wash, he was not present in the house. Recovery has been made in his absence. No other criminal case is pending against him. He is not a habitual offender, hence, 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, I, without expressing any opinion on the merits of the case, do feel inclined to grant indulgence of bail to the accused petitioner. 6. It is, therefore, ordered that the accused petitioner Pemaram @ Premaram S/o. Ranjit in F.I.R. No. 40/2008-09 at police station Excise, Jaipur Rural, Jaipur shall be released on bail on furnishing a personal bond in the sum of Rs.30,000/- together with two surety bonds each in the sum of Rs. 15,000/- 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 in case, the petitioner is arrested in future, in any criminal case of alike nature, the bail granted to the petitioner by this Court shall automatically stand cancelled without reference to this Court. A copy of this order be sent to the concerned court as also to the concerned police station for their information. (MAHESH BHAGWATI),J. Mak/- s-14