Nisha Gupta, J. - (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. It is true that bar under Sec. 49 of the Excise Act is there and while considering the bail application with reference to Section 49 of the Excise Act, it is necessary for the Court to arrive at the satisfaction that there are reasonable grounds for believing that the accused is not guilty of alleged offence, but at the stage of bail, meticulous weighing of the evidence is unwarranted and it is not the intention of the legislature to arrive at a positive finding as to whether or not the accused has committed offence under the Act and there is no need to record a finding of not guilty. What is to be seen is whether there is a reasonable ground for believing that the accused is not guilty of the offence he is charged with and the contention of the present petitioners is that in the present case the only evidence against the present petitioners is discloser by the co -accused and nothing has been recovered from the present petitioners. Further more, Daula Ram and others have already been 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.;