MANGI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and the learned Public Prosecutor for the State and perused the material available on record. The contention of the present petitioners is that they have been implicated falsely on the statement of co -accused on the allegation that the petitioner Mangi Lal has received the spirit from a transport company and handed over it to other accused and the accused Shyam Lal has booked the spirit from Mahaveer Transport Company for Basni and delivery of which has been taken by Daula Ram. No recovery has been made from the present petitioners and co -accused Daula Ram and others have already been released on bail, hence the present petitioners should also be released on bail.

(2.) PER contra, the contention of the learned Public Prosecutor is that the case involves the deaths of various persons as poisonous liquor has been prepared by the said spirit and consumed by various persons and have died. Further his contention is that looking to the bar of Section 49 of the Excise Act, the petitioners should not be released on bail.

(3.) HENCE without going into the merit of the case and looking at above factual scenario, it is a fit case to release the present petitioners on bail. Accordingly, both the bail applications are allowed and it is directed that petitioners (1) Mangi Lal S/o Gumana Ram and (2) Shyam Lal Bishnoi S/o Bhanwar Lal shall be released on bail in FIR No. 42/2011 of P.S. Basni, District Jodhpur, provided each of them executes a personal bond for a sum of Rs. 50,000/ - along with two sound and solvent sureties in the sum of Rs. 25,000/ - each to the satisfaction of learned trial Court for their appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.