CRLMB 1090/2010 Vaseem Raja Vs. State & CRLMB 1089/2010 Samsuddin Vs. State (1) In the High Court of Judicature for Rajasthan At Jaipur Bench, Jaipur O R D E R In S.B. Criminal Misc. Bail Application No.1090/2010 Vaseem Raja Vs. State of Rajasthan & S.B. Criminal Misc. Bail Application No.1089/2010 Samsuddin Vs. State of Rajasthan Date Of Order :: 9th February, 2010 Hon'ble Mr. Justice M.N. Bhandari Mr. Amin Ali, for the petitioners. Mr. Laxman Meena, Public Prosecutor. .......... Heard learned counsel for the parties and perused the record of the case. It is stated that cases under section 19/54 of the Rajasthan Excise Act have been registered one after another based on recovery pursuant to information under section 27 of the Evidence Act. Police and other officials are involved in this crime and when the matter was flashed in newspapers, petitioners were shown to be accused and recovery was effected against them, though they are not involved in the matter. It is also stated that petitioners will not involve themselves in same or similar offence during the period of bail, if granted. On the other hand, learned Public Prosecutor opposed the bail applications. After considering the rival submissions of the parties and without expressing any opinion on merits of the case, which may otherwise affect the outcome of the trial, looking to the facts of this case, I am of the view that the petitioners deserve CRLMB 1090/2010 Vaseem Raja Vs. State & CRLMB 1089/2010 Samsuddin Vs. State (2) to be enlarged on bail. Accordingly, both the bail applications are accepted and I consider it just and proper to release the accused-petitioners namely, Vaseem Raja and Samsuddin on bail under section 439 Cr.P.C. in FIR No.3/2010 registered at Police Station-Mangliavas, District Ajmer for offence under section 19/54 of the Rajasthan Excise Act provided each of them, furnishes a personal bond in the sum of Rs.20,000/- together with one surety in the like amount to the satisfaction of the learned trial court for their appearance before that Court on all subsequent dates of hearing and as and when called upon to do so. It is, however, made clear that if the petitioners are found committing same or similar offence or any other type of offence during the period of bail then not only the prosecution would be at liberty to seek cancellation of this bail order but the Investigating Officer is also directed to inform about the same to this Court if any case is registered. Copy of this order may be sent to the Investigating Officer concerned for necessary information and compliance if required. (M.N. Bhandari),J. VS Shekhawat/- Jr. P.A. S44&45