LAXMAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for petitioner as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case.

(2.) CONTENTION of learned counsel for petitioner is that offence alleged against petitioner is triable by a court of 1st Class Magistrate; no recovery is to be made from petitioner in the matter; the petitioner has been falsely implicated in the case; there is no other previous case registered against petitioner; petitioner would undertake not to indulge himself in any such or other offence in future. Petitioner was merely a helper whereas driver of truck in which transformers were being carried, has already been enlarged on bail by a coordinate bench of this court in S.B. Cr. Misc. Bail Application No.1152/2011 ? Bhupendra Vs. State of Rajasthan, decided on 18.02.2011. Store-keeper has not been made accused in the case. Trial of the case will take a long.