The High Court allowed bail to two petitioners charged under the Rajasthan Excise Act, ordering release on a personal bond of Rs. 1,00,000 with two sureties of Rs. 50,000 each.
Release on bail with a personal bond of Rs. 1,00,000 and two sureties of Rs. 50,000 each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2024:RJ-JP:22943]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No.
3835/2024
Gurveer Singh S/o Shri Balvendra Singh, Aged About 29 Years, R/o Basti Mohammadsaha Wali, Ps Mamdot, District Firojpur, Punjab. At Present Confined Central Jail Jaipur Metropolitan.
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No.
3841/2024
Jasveer Singh S/o Late Shri Jogendra Singh, Aged About 36 Years, R/o Village Killi Sodhi Wala Pul, Nahar Ke Pas, Police Station Lakhakebram, District Firojpur, Punjab. At Present Confined Central Jail Jaipur Metropolitan.
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Sumer Saini, Adv. For : Mr. Sanjeev Mehla, P.P. Respondent(s)
HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order
15/05/2024
These bail applications have been filed by the petitioners under Section 439 Cr.P.C. seeking regular
[2024:RJ-JP:22943]
(2 of 3)
[CRLMB-3835/2024]
bail in FIR No.50/2024 registered at Police Station Daulatpura (Jaipur Ajmer Highway), District Jaipur (West) for the offence(s) under Section(s) 19/54, 54(A) of Rajasthan Excise Act.
Learned counsel for the petitioners submits that the accused-petitioners are innocent and they have been falsely implicated in these cases. He further submits that the accused-petitioners have been in judicial custody since 02.03.2024 and the conclusion of the trial will take long time, hence the petitioners may be enlarged on bail.
Learned Public Prosecutor appearing for the State has opposed these bail applications.
Taking into consideration the overall facts and circumstances of these cases, but without expressing any opinion on the merits and demerits of these cases, this Court deems it just and proper to enlarge the petitioners on bail.
Accordingly, these bail applications filed under Section 439 Cr.P.C. are allowed and it is ordered that accused-petitioners namely (1) Gurveer Singh S/o Shri Balvendra Singh and (2) Jasveer Singh S/o Late Shri Jogendra Singh shall be released on bail, provided each of them furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of
[2024:RJ-JP:22943] (3 of 3) [CRLMB-3835/2024]
Rs.50,000/- each to the satisfaction of the trial Court, with the stipulation that the petitioners shall appear before that Court on all subsequent dates of hearing and as and when called upon to do so.
A copy of this order be placed in the connected
file.
(UMA SHANKER VYAS),J
YOGESH KUMAR /69-70
3 issues framed by the court
Whether the petitioners should be enlarged on bail in a charge sheet offence under the Rajasthan Excise Act.
Whether a personal bond with sureties is sufficient condition for bail.
Whether the delay in trial justifies release on bail.
2 provisions across 2 enactments
Gurveer Singh S/o Shri Balvendra Singh
Jasveer Singh S/o Late Shri Jogendra Singh
State Of Rajasthan
UMA SHANKER VYAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
