- (1.) HEARD learned counsel for petitioner as well as learned Public Prosecutor and perused material made available to me during arguments of case.
(2.) CONTENTION of learned counsel for petitioner is that offence alleged against petitioner is under Section 16/54 of Rajasthan Excise Act, which 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 case registered against the petitioner; the petitioner would undertake not to indulge himself in any such or other offence in future. Learned Public Prosecutor opposed the bail application. After considering all facts and circumstances of case and without expressing any opinion on its merits and demerits, I deem it just and proper to release accused-petitioner, namely, Jeev Raj Son of Shri Ramu, Resident of Nasirda, District Tonk (presently confined in Central Jail, Jaipur) on bail under Section 439 Cr.P.C., in FIR No.38/2011, Police Station Muhana, Jaipur City (East) for offence under Section 16/54 of Rajasthan Excise Act, provided he furnishes a personal bond in the sum of Rs.30,000/- with two sureties of Rs.15000/- each to the satisfaction of the trial court for his appearance on all subsequent dates of hearing and as and when called upon to do so. However, in case petitioner is again found indulging in similar or any other offence at any point of time in future, the bail granted to him by this court in present case would be liable to be cancelled at instance of prosecution on this ground alone and stipulation to this effect shall be inserted in the bail bonds produced by the petitioner, and the sureties to be produced in support thereof shall be verified by the Tehsildar of the area concerned. The bail application stands disposed of.;