SB Crlmb No.2024/11.

1

IN THE HIGH COURT OF JUDICATURE FOR

RAJASTHAN

BENCH AT JAIPUR.

O R D E R

S.B.CR.MISC.BAIL APPLICATION NO.2024/2011.

Baldev Singh

Vs.

State of Rajasthan

Date of order :

March 11, 2011.

HON'BLE MR.JUSTICE MOHAMMAD RAFIQ

Shri Hem Singh Rathore for the petitioner.

Shri Amit Poonia Public Prosecutor.

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Contention of the learned counsel for the

petitioner is that the offence alleged against the

petitioner is u/Ss.332, 353 and 307 IPC even though

the petitioner was not present at the place of

occurrence. He was made an accused only because he

happens to be the registered owner of the vehicle in

which the contraband country made liquor was being

transported by the driver. For one incident, two cases

have been registered, one for offence under Section

19/54 of the Excise Act & Section 279 and 336 IPC and

another one for offence u/Ss.332, 353 and 307 IPC

whereas, fact is that no person had sustained injuries

whatsoever. Therefore, there is no question of offence

u/S.307 IPC. Similarly situated co-accused person

namely; Bhanwar Lal has already been enlarged on bail

vide order dated 18/12/2009 passed by the co-ordinate

bench of this Court in S.B.Cr.Misc.2^nd Bail Application

No.9611/2009. Petitioner is in jail since 20/1/2011.

There is no other criminal case pending against the

accused petitioner. Trial of the case will take a long

time.

SB Crlmb No.2024/11.

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Learned Public Prosecutor has opposed the

bail application.

Having regard to the facts aforesaid and

considering all other facts and circumstances of the

case, I deem it just and proper to enlarge the

petitioner on bail.

In the result, this bail application u/S.439

Cr.P.C. is allowed and it is directed that petitioner

– Baldev Singh S/o Shri Beerma Ram shall be released

on bail in FIR No.140/2009 registered at P.S.

Laxmangarh, District Sikar for offence under Sections

332, 353 and 307 IPC on his furnishing a personal bond

in the sum of Rs.30,000/- together with two sureties

in the sum of Rs.15,000/- each to the satisfaction of

the concerned Court for his appearance before that

court on all dates of hearing until conclusion of the

trial.

(MOHAMMAD RAFIQ), J.

anil