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  1. Home/
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  3. High Court Of Rajasthan/
  4. 2024/
  5. June

Sawai Singh vs. State of Rajasthan

Decided on 28 June 2024• Citation: CRLMB/8013/2024• High Court of Rajasthan
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               [2024:RJ-JD:26061]                                                   
                 HIGH  COURT  OF JUDICATURE    FOR  RAJASTHAN   AT JODH-            
                                           PUR                                      
                  S.B. Criminal Miscellaneous Bail Application No. 8013/2024        
                Sawai Singh S/o Sh  Bhadar Singh, Aged About  51 Years, R/o         
                Meghana  Bass,  Meghana,  Distt Hanumangarh.  (  At Present         
                Lodged In Sub Jail, Nohar)                                          
                                                               ----Petitioner       
                                          Versus                                    
                State Of Rajasthan, Through Pp                                      
                                                             ----Respondent         
               For Petitioner(s)    :  Mr. G.R. Bhari                               
               For Respondent(s)    :  Mr. Laxman Solanki, PP                       
                HON'BLE  MS.  JUSTICE  REKHA  BORANA(VACATION      JUDGE)           
                                          Order                                     
               28/06/2024                                                           
               1.    The present bail application under Section 439 Cr.P.C. has     
               been filed by the petitioner who has been arrested in connection     
               with  F.I.R. No.04/2024  registered at  Police Station Excise        
               Department  Nohar, District Hanumangarh for the offence under        
               Section 16/54 of the Rajasthan Excise Act.                           
               2.   Learned counsel for the petitioner submitted that the offence   
               alleged to have been committed by the petitioner is triable by the   
               Court of Magistrate. He submits that only one matter of Excise Act   
               is pending against him. He further submits that the petitioner is in 
               judicial custody and the trial of the case will take sufficiently long
               time, therefore, the benefit of bail should be granted to the        
               accused-petitioner.                                                  
               3.    Per  contra, learned Public Prosecutor has  vehemently         
               opposed the bail application.                                        

               [2024:RJ-JD:26061]                            [CRLMB-8013/2024]      
                                          (2 of 2)                                  
               4.   Having  considered  the   rival submissions,  facts and         
               circumstances of the case and the fact that offence is triable by    
               the Court  of Magistrate, without expressing any  opinion on         
               merits/demerits of the case, this Court is inclined to enlarge the   
               petitioner on bail.                                                  
               5.   Consequently, the bail application under Section 439 Cr.P.C.    
               is allowed. It is ordered that the accused-petitioner Sawai Singh    
               S/o Bhadar  Singh  arrested in connection with F.I.R. No.04/2024     
               registered at Police Station Excise Department Nohar, District       
               Hanumangarh  shall be released on bail, if not wanted in any other   
               case, provided he furnishes a personal bond of Rs.50,000/- and       
               two sureties of Rs.25,000/- each, to the satisfaction of learned     
               trial court, for his appearance before that court on each & every    
               date of hearing and whenever called upon to do so till completion    
               of the trial.                                                        
                                                      (REKHA  BORANA),VJ            
                60-SPhophaliya/Devanshi/-