DALLI CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE are bail applications on behalf of accused-petitioners Dalli Chand, Ishwarlal and Ramlal under Section 439 IPC, who are accused for offence u/Ss.14/54, 16/54 and 54(A) of the Rajasthan Excise Act in FIR No.1/2011-12 registered at Police Station Excise Devli, District Tonk. It is contended in the bail applications that the offence are triable by the Magistrate of Ist Class and the maximum punishment for which is three years. This is first offence of the petitioners.

(2.) THEY are in jail since 14/11/2011. Representative of the Public Prosecutor office has opposed the bail applications. Without expressing any opinion on the merits of the case and all other facts and circumstances of the case, I am inclined to release the petitioners on bail. In the result, these bail applications u/S.439 Cr.P.C. are allowed and it is directed that petitioners Dalli Chand S/o Babulal, Ishwarlal S/o Shri Nathulal and Ramlal S/o Shri Laluram shall be released on bail in FIR No.1/2011-12 registered at Police Station Excise Devli, District Tonk for offence u/Ss.14/54, 16/54 and 54(A) of the Rajasthan Excise Act upon their furnishing a personal bond in the sum of Rs.50,000/- together with two sureties in the sum of Rs.25,000/- each to the satisfaction of the concerned Court for their appearance before the trial court on all dates of hearing until conclusion of the trial. However, in case petitioners are again found indulging in committing similar offence in future, the bail so granted to them by this court would be liable to be cancelled at the instance of the prosecution even by the trial court.