[2025:RJ-JD:46279]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR Punma Ram S/o Heeraram, Aged About 62 Years, R/o Bhadu Goyata Ki Dhani Hemaguda PS Jhab Dist. Jalore (Lodged In Dist. Jail Jalore)

----Petitioner Versus State of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Vijay Raj Bishnoi For Respondent(s) : Mr. Narendra Gehlot, PP with Mr. Om Prakash Choudhary HON'BLE MR.JUSTICE SANDEEP SHAH

Order

27/10/2025

1. This application for bail under Section 483 B.N.S.S. has been filed by the applicant who has been arrested in connection with F.I.R. No.135/2025 registered at Police Station Sayala, District Jalore, for the offences under Sections 19/54, 14/57 & 54-A of Rajasthan Excise Act, 1950.

2. Heard learned counsel for the applicant and learned Public Prosecutor. Perused the material available on record.

3. Learned counsel for the applicant submits that the offences alleged to have been committed by the applicant are triable by the Court of Magistrate. He further submits that the co-accused persons namely Hadmana Ram and Naina Ram, from whom, the recovery was effected, have already been enlarged on bail by this Court vide order dated 13.06.2025 passed in S.B. Criminal further submits that the applicant is in judicial custody and that the trial of the case will take a sufficiently long time. Hence, the benefit of bail may be granted to the accused-applicant.

4. Per contra, learned Public Prosecutor vehemently opposes the bail application. However, he is not in a position to refute the fact that co-accused persons namely Hadmana Ram and Naina Ram, from whom, the recovery was effected, have already been enlarged on bail by this Court.

5. Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that the offences alleged to have been committed by the applicant are triable by the Court of Magistrate as also considering the fact that co-accused persons namely Hadmana Ram and Naina Ram, from whom, the recovery was effected, have already been enlarged on bail by this Court. Thus, without expressing any opinion on merits/ demerits of the case, this Court is inclined to enlarge the applicant on bail.

6. Consequently, the bail application under Section 483 B.N.S.S. is allowed. It is ordered that the accused-applicant Punma Ram S/o Heeraram arrested in connection with F.I.R. No.135/2025 registered at Police Station Sayala, District Jalore shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.

7. It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.

(SANDEEP SHAH),J

192-mohit/-