Phula Ram @ Phulia vs State of Rajasthan

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

Contention of learned Counsel for Petitioner is that in the present case offence against Petitioner is under Sections 14/54 and 19/54A of the Excise Act, and maximum sentence for that offence is three years imprisonment. It is alleged that bail application of Petitioner was rejected because of pendency of one more case for offence under Sections 143, 341, 332, 353 and 336 of the IPC. The allegation in that case against the Petitioner was that of obstruction in discharge of duty by the police when they went to arrest certain accused. Learned Counsel produced for perusal of the court copy of order dated 12.07.2010 passed by the Court of Sessions, Jaipur District, Jaipur in Bail application No. 1042/2010 of present Petitioner and co-accused Sonu @ Sohan Singh, wherein observation has been made that there is no evidence of Petitioner''s involvement in that case according to the statements u/s 161 of the Code of Criminal Procedure It is argued that apart from these two cases, there is no other case ever registered against Petitioner. Co-accused Sabudeen has already been enlarged on bail by a coordinate bench of this Court vide order dated 17.10.2011 in Bail Application No. 383/2011.

Learned Public Prosecutor opposed the bail application.

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 allow this bail application. It is therefore ordered that accused-Petitioner, namely, Phula Ram @ Phulia Son of Shri Mohan Ram, Resident of Daalmaan, Police Station Sardar Sahar, District Churu, at present Resident of E-210, J.D.A. Colony, Paldi Meena, Police Station Kanota, District Jaipur (presently confined in Central Jail, Jaipur), be released on bail u/s 439 Code of Criminal Procedure, in FIR No. 08/2010, Police Station Excise South-East, District Jaipur, for offence under Sections 14/54 and 19/54A of Excise Act, provided he furnishes a personal bond in the sum of Rs. 50,000/- with two sureties of Rs. 25000/- 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.

However, in case it is found that any other criminal case, except those mentioned above, is pending against Petitioner and that misstatement has been made about his whereabouts or any new case in future is registered against him, the bail so granted to him by this Court in this bail application would be liable to be cancelled at the instance of prosecution even by the trial court and stipulation to this effect shall be inserted in bail bonds produced by Petitioner, and sureties to be produced in support thereof shall be verified by Tehsildar of area concerned.

The bail application stands disposed of.