Pappu Patel vs State
2021 Latest Caselaw 3288 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 714/2021

Pappu Patel S/o Shri Kanaram Patel, Age About 22 Years, R/o Mogra Kallan, Police Station Kudi Bhagtasni, District Jodhpur (Raj.).

(Lodged in Central Jail Jodhpur).

----Petitioner Versus State of Raj., Through P.P.

                                                                ----Respondent


For Petitioner(s)        :     Mr. JVS Deora
For Respondent(s)        :     Mr. S.K. Bhati, PP

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Judgment / Order

05/02/2021

The present bail application has been filed under Section 439

Cr.P.C. on behalf of the petitioner, who is in judicial custody in

connection with F.I.R. No.83/2020, Police Station Jodhpur West,

District Jodhpur, registered for the offence under Sections 19/54,

16/54, 54-A of Rajasthan Excise Act, 1950.

Heard and considered the arguments advanced by the

learned counsel for the petitioner and learned Public Prosecutor.

Perused the material available on record.

Learned counsel for the petitioner stated that offences are

triable by Magistrate; charge-sheet has been filed; further

investigation and trial will take time. With these submissions,

learned counsel for the petitioner prayed that the benefit of bail

may be granted to the accused-petitioner.

(2 of 2) [CRLMB-714/2021]

Per contra, learned Public Prosecutor opposed the bail

application and stated that 600 litre illegal spirit was recovered

from the accused-petitioner.

Having regard to the facts and circumstances of the case,

particularly to the fact that offences are triable by Magistrate and

charge-sheet has been filed; and further investigation and trial will

take sufficiently long time, therefore, without expressing any

opinion on the merits/demerits of the case, this Court is of the

opinion that the bail application filed by the petitioner deserves to

be accepted.

Consequently, the bail application is allowed. It is ordered

that the accused-petitioner Pappu Patel S/o Shri Kanaram Patel,

arrested in connection with F.I.R. No.83/2020, Police Station

Jodhpur West, District Jodhpur, shall be released on bail, if not

wanted in any other case; provided he furnishes a personal bond

of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the

satisfaction of the learned trial Court with the stipulation to appear

before that Court on all dates of hearing and as and when called

upon to do so.

(DEVENDRA KACHHAWAHA),J 59-amit/-

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