Citation : 2023 Latest Caselaw 1471 Raj
Judgement Date : 7 February, 2023
[2023/RJJD/004387]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1638/2023
Jethmal @ Chauthmal S/o Sh. Rampal, Aged About 40 Years, Baral, P.s. Vijay Nagar, Dist. Ajmer. (At Present Lodged In Sub Jail, Jaitaran, Dist. Pali).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Mahi Pal Singh
For Respondent(s) : Mr. S. K. Bhati, PP
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Judgment / Order
07/02/2023
The petitioner has been arrested in connection with FIR
No.34/2022 of Police Station Sendra, District Pali for the offences
punishable under Sections 19/54 & 14/57 of Rajasthan Excise Act.
He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner submits that the petitioner
has falsely been implicated in the present case and the offences
are triable by first class Magistrate. He further submitted that co-
accused Vijay [email protected] Vijendra Singh has already been enlarged
on bail by coordinate Bench of this Court vide order dated
25.05.2022. The accused-petitioner is behind bars and the trial of
the case will take time. Therefore, it is prayed that the accused-
petitioner may be enlarged on bail.
Learned Public Prosecutor has vehemently opposed the bail
application and submitted that the petitioner is a habitual offender.
[2023/RJJD/004387] (2 of 2) [CRLMB-1638/2023]
Having regard to the totality of the facts and circumstances
of the case, without expressing any opinion on the merits of the
case, I deem it just and proper to grant bail to the accused
petitioner under Section 439 Cr.P.C.
Accordingly, the bail application filed under Sec.439 Cr.P.C. is
allowed and it is directed that petitioner Jethmal @ Chauthmal
S/o Sh. Rampal shall be released on bail in connection with FIR
No. 34/2022 of Police Station Sendra, District Pali provided he
executes a personal bond in a sum of Rs.1,00,000/- with two
sound and solvent sureties of Rs.50,000/- each to the satisfaction
of learned trial court for his appearance before that court on each
and every date of hearing and whenever called upon to do so till
the completion of the trial.
(MADAN GOPAL VYAS),J 73-nidhi/-
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