Allowed

Mohammed Sarwar v. State of Rajasthan

Rajasthan HC20 Aug 2019CRLMB/7062/2019

Case brief

AI extract

What is this about?

The Hon'ble Rajasthan High Court granted anticipatory bail to the petitioner, who was apprehended for offences under the Rajasthan Excise Act regarding the supply of spurious liquor labels, directing him to furnish a personal bond and two sureties.

What did the court decide?

Petitioner granted anticipatory bail conditioned on furnishing a personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each, with conditions to appear for interrogation, not influence witnesses,

Mohammed Sarwar Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 7062/2019 Mohammed Sarwar S/o Mohammed Idris, Aged About 25 Years, B/c Muslim , R/o Dig Firoz Kha Colony , Suthla , Choupasni Road , Jodhpur.

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s) : Mr. Firoz Khan For Respondent(s) : Mr. Shrawan Bishnoi, PP

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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Judgment / Order

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20/08/2019

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Heard learned counsel for the parties and perused the material available on record.

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The petitioner apprehends his arrest in connection with FIR No.19/2016 of Police Station Gadra Road, Distt. Barmer for the offences punishable under Sections 14/54, 19/54, 16/54, 54-B, 54-D and 56 of the Rajasthan Excise Act.

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Learned counsel for the petitioner has submitted that allegation against the petitioner is to the effect that he supplied labels of liquor bottles, in which, spurious liquor was distributed to various persons in Barmer. It is submitted that as a matter of fact, the petitioner was an employee in the printing press, where those labels were printed. It is further submitted that the petitioner prepared those labels as per the

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(2 of 3)

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[CRLMB-7062/2019]

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instructions of his owner and he was not aware that the same would be affixed on the bottles, in which, spurious liquor was supplied. It is, thus, prayed that the petitioner may be granted benefit of anticipatory bail.

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Learned Public Prosecutor has opposed the bail application, however, asserted that the only role assigned to the petitioner is to the effect that he was instrumental in preparing the labels, which were affixed on the bottles, in which, spurious liquor was supplied at various places in Barmer. Learned Public Prosecutor has admitted that the petitioner is not the owner of the printing press, where those labels were printed.

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Having regard to the totality of the facts and circumstances of the case and after going through the case diary, without expressing any opinion on the merits of the case, I deem it just and proper to grant anticipatory bail to the accused petitioner under Section 438 Cr.P.C.

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Accordingly, this bail application under Section 438 Cr.P.C. is allowed and it is directed that in the event of arrest of petitioner - Mohammed Sarwar S/o Mohammed Idris in connection with FIR No.19/2016 of Police Station Gadra Road, Distt. Barmer, he shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of the concerned I.O./S.H.O. on the following conditions:-

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(i) that the petitioner(s) shall make himself/herself/themselves available for interrogation by a police officer as and when required;

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(3 of 3)

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[CRLMB-7062/2019]

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(ii) that the petitioner(s) shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer; and

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(iii) that the petitioner(s) shall not leave India without previous permission of the court.

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(VIJAY BISHNOI),J

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14-msrathore/-

Mohammed Sarwar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mohammed Sarwar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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