High CourtsSingle Bench

Jagdish Pareta vs The State of Rajasthan

Rajasthan High Court · Decided on 26 July 2010 · Citation: (2010) 07 RAJ CK 0037

HON’BLE JUDGES
Mohammad Rafiq, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 439 · Essential Commodities Act, 1955 — Section 3, 7
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Judgment

5 paragraphs · 241 words

Mohammad Rafiq, J.—Heard learned Counsel for petitioner as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case.

2.

Contention of learned Counsel for petitioner is that offence against the petitioner is u/s 3/7 of the Essential Commodities Act. The allegation against him is that 33 liters of kerosene oil was found in excess in the stock and in certain ration cards the entires were not made in the distribution register. The alleged offence is of irregularity in maintenance of record etc. The offence is punishable by a court of magistrate and the maximum sentence provided for this offence is 3 years imprisonment; there is no other case ever registered against the petitioner.

3.

Learned Public Prosecutor opposed the bail application.

4.

After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I deem it just and proper to release the accused-petitioner, namely, Jagdish Pareta Son of Shri Gordhan gal on bail u/s 439 Cr.P.C., in FIR No. 394/2009, Police station Aklera, District Jhalawar, u/s 3/7 of the Essential Commodities Act, provided he furnishes a personal bond in the sum of Rs. 30,000/- with two sureties of Rs. 15000/- each to the satisfaction of the trial court for his appearance on all subsequent dates of hearing and as and when called upon to do so.

5.

The bail application stands disposed of.