S.B.CR. MISC. BAIL APPLICATION NO.6950/2008 FATTI AND ANR. VS. STATE OF RAJ. 14.10.2008 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. MI Khan for the petitioner. Mr. Jinendra Jain, Public Prosecutor for the State. Mr. M.I. Khan Advocate has filed this bail petition under Section 439 of Cr.P.C. on behalf of the accused petitioners Fatti and Rayees which pertains to FIR No.203/2008 of Police Station Kishangarhwas, Distrcit Alwar. Heard the learned counsel for the accused petitioners, learned Public Prosecutor appearing for the State and perused the relevant material on record. The learned counsel for the petitioners has contended that they have been falsely implicated in this case. The offence as alleged against them are triable by the court of Judicial Magistrate First Class. They have been in custody for a quite long time. The trial of the case is likely to take time. Hence the petitioners may be released on bail. The learned Public Prosecutor has opposed the bail petition on the ground that four animals had been cruelly tied up in the vehicle and under the garb of transporting animals, the petitioners in fact were transporting illicit liquor and thus, their petition deserves to be dismissed. Having reflected over the submissions made at the bar and scanned the material on record, it is noticed that 50 liters illicit liquor is found to have been recovered from the possession of the petitioners. All the alleged offences are triable by the Judicial Magistrate First Class. Hence, without expressing any opinion on the merits of the case, I, in the facts and circumstances of the case, find it just and proper to grant bail to both the accused petitioners Fatti and Rayees. It is, therefore, ordered that both the accused petitioners Fatti S/o Shri Suppal Mev and Rayees S/o Shri Nuru Khan in FIR No.203/2008, Police Station Kishangarhwas, Distt. Alwar shall be released on bail on their furnishing personal bonds each in the sum of Rs.50,000/- (Rs. Fifty Thousand) together with two surety bonds each of Rs.25,000/- to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so till the trial is concluded. (MAHESH BHAGWATI)J. PCG