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2016 Supreme(Raj) 1668

IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Sabina, J.
Sanjay - Petitioner
Versus
State of Rajasthan - Respondent
S.B. Criminal Misc. Bail Application No. 8472 of 2016
Decided On : 14-07-2016

Advocates:
Advocate Appeared:
For the Petitioner:Shri Rahul Tiwari, Advocate
For the Respondent: Shri V.S. Godara, PP.

Headnote:

Code of Criminal Procedure, 1973 - Section 438 - Rajasthan Excise Act, 1950 - Section 19/54 - Anticipatory bail - Bail Sought - Present case relates to recovery of liquor - Petitioner was not apprehended at the spot but was identified by some other person present at the spot - Keeping in view the facts & circumstances of the case, it would be just and expedient to order the release of the petitioner on bail - Held, Accordingly, without expressing any opinion on merits of the case, this petition is allowed - In the event of arrest, petitioner be released on bail subject to satisfaction of the Arresting Officer - Petitioner shall join investigation as and when required by the police and shall not leave the country without prior permission of the Court - Petitioner shall not tamper with the prosecution evidence - Petition allowed.

JUDGMENT :

Mrs. Sabina, J.

1. Petitioner has filed this petition under Section 438 Code of Criminal Procedure, 1973 seeking anticipatory bail in F.I.R., No. 354/2016 registered at Police Station, Tijara, Distt. Alwar for the offence U/S. 19/54 of Rajasthan Excise Act, 1950.

Heard.

2. Present case relates to recovery of liquor. Petitioner was not apprehended at the spot but was identified by some other person present at the spot.

3. Keeping in view the facts & circumstances of the case, it would be just and expedient to order the release of the petitioner on bail.

4. Accordingly, without expressing any opinion on merits of the case, this petition is allowed. In the event of arrest, petitioner be released on bail subject to satisfaction of the Arresting Officer. Petitioner shall join investigation as and when required by the police and shall not leave the country without prior permission of the Court. Petitioner shall not tamper with the prosecution evidence.



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