MADAN LAL Vs. STATE OF RAJ.

JUDGEMENT

(1.) The case against the petitioner is for the offence under section 4(1) (2) of the Rajasthan Prohibition Act. The incident is of the year 1981 and a standing warrant was issued for his arrest but he could not be arrested as he was not found in the village. According to the learned counsel for the petitioner, the petitioner was not aware of this warrant and it was on 14.1.1989 when he had gone to the Police Station to lodge a report about some other incident that he was arrested and it was only then that he came to know about the case. The reason for his absence from his village is said to be that he was working as a labour at other place. His family resides in the village itself.

(2.) Considering the fact that the petitioner has remained in custody for more than 20 days and that the offence is punishable with a maximum sentence of 2 years only, he can be released on heavy bail by imposing suitable conditions.

(3.) The petitioner Madan Lal shall be released on bail provided he furnishes a personal bond in the sum of Rs. 6,000.00 with two sureties in the amount of Rs. 3,000.00 each to the satisfaction of the trial court for his appearance during the course of trial on all dates of hearing and as and when he is called upon to do so. The sureties shall be persons having immovable property besides agricultural land within the jurisdiction of the court. The petitioners shall not leave the jurisdiction of the court without obtaining prior permission of the court. Application allowed.