Hari Singh vs State Of Rajasthan ...
2023 Latest Caselaw 1953 Raj

[2023/RJJD/006068]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 2390/2023

Hari Singh S/o Shri Keshar Singh, Aged About 40 Years, B/c Rajput, R/o Reodar Road, Jaswantpura, P.s. Jaswantpura, District Jalore (Rajasthan)

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Surendra Singh Rathore, brother of the petitioner, present-in-person For Respondent(s) : Mohd. Anees Bhurat, PP

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Judgment / Order

27/02/2023

The present criminal misc. bail application under Section 438

Cr.P.C. has been preferred by the petitioner against the order

dated 16.02.2023 passed by learned Additional Sessions Judge,

Bhinmal, District Jalore in criminal misc. (anticipatory bail) case

No.63/2023 in relation to FIR No.52/2022 registered at Police

Station Jaswantpura, District Jalore under Section 19/54 of the

Rajasthan Excise Act, 1950, whereby learned trial court dismissed

the bail application of the petitioner.

Mr. Surendra Singh Rathore, brother of the petitioner

submits that the petitioner is innocent and has falsely been

implicated in the present case. It is further submitted that the

other co-accused Kishore Kumar has never named the present

petitioner and during investigation, the petitioner has malafidely

been implicated in the present case. He further submits that no

[2023/RJJD/006068] (2 of 3) [CRLMB-2390/2023]

recovery is to be made from the present petitioner and therefore,

there is no requirement of custodial interrogation from him. Thus,

it is prayed that the petitioner may be granted the benefit of

anticipatory bail.

Learned Public Prosecutor opposed the prayer made by the

brother of the petitioner and submitted that the during

investigation it came into light that the present petitioner is the

seller of the illicit liquor. It is further submitted that there is a bar

against grant of anticipatory bail under Section 49(2) of the

Rajasthan Excise Act. Therefore, it is prayed that the petitioner

may not be granted anticipatory bail.

Heard learned counsel for the parties and perused material

available on record.

Sub-Section (2) of Section 49 of the Rajasthan Excise Act,

1950 is relevant for the purpose of the present case, which reads

as under:

"(2) Nothing in section 438 of the Code shall apply in relation to any case involving the arrest of any person on an accusation of having committed an offence punishable under the proviso to section 54, or under sections 54B, 54D or 56 of this Act."

Thus, as per Section 49(2), there is an absolute prohibition

against grant of anticipatory bail in a case pertaining to the

offence under Section 19/54 of the Rajasthan Excise Act.

The Co-ordinate Bench of this Court in SB Criminal Misc. Bail

Application No.4201/2020 (Jai Prakash @ Jepi Vs. State) decided

on 01.05.2020 while considering the provisions of Section 49 of

the Act of 1950, has rejected the anticipatory bail with following

observation.

[2023/RJJD/006068] (3 of 3) [CRLMB-2390/2023]

"As per Section 49, there is an absolute prohibition against anticipatory bail in a case pertaining to the offence under Section 19/54 of the Rajasthan Excise Act. The quantity of liqour recovered from the premises of the petitioner is significant."

In this view of the matter, I am not inclined to grant

anticipatory bail to the petitioner. Accordingly, the instant bail

application under Section 438 Cr.P.C. is rejected.

(MADAN GOPAL VYAS),J 101-nidhi/-

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