Ram Pal vs State of Rajasthan

Mohammad Rafiq, J.—Heard learned Counsel for petitioner, learned Public Prosecutor for the State as well as learned Counsel for the complainant and perused the relevant documents placed before me.

Contention of the learned Counsel for petitioner is that the alleged offence against the petitioner is one u/s 136 of the Electricity Act, maximum punishment of which is three years, which is triable by the Magistrate of Ist Class. Petitioner was arrested on 17/6/2010 and since then, he is in jail. Investigation is almost complete. Trial will take long. Apart from the present case, there is only one more case registered against the petitioner for the same offence in which, arrest of the petitioner was shown after his arrest in the first case. Petitioner would undertake not to repeat the similar offence in future and he should be given liberty to defend himself. Co-accused Prabhu Lal and Narendra have already been enlarged on bail by orders of this Court dated 21/7/2010 passed in SB Cr. Misc. Bail Appl. Nos. 6427/2010 and 6518/2010, respectively. Apart from the present case, there is only one more case pending against the petitioner.

Learned Public Prosecutor has opposed the bail application.

Considering the submissions made at the bar, the nature of accusation, the materials on record and all other facts and circumstances of the case, I deem it just and proper to enlarge the petitioner on bail.

In the result, this bail application u/s 439 Cr.P.C. is allowed and it is directed that petitioner Ram Pal S/o Shri Ram Kishan shall be released on bail in FIR No. 153/2010 P.S. Baran Sadar, District Baran for offence u/s 136 of the Electricity Act on his furnishing a personal bond in the sum of Rs. 50,000/- together with two sureties in the sum of Rs. 25,000/- each to the satisfaction of the concerned Court for his appearance before that court on all dates of hearing until conclusion of the trial.

However, in case the petitioner is again found indulging in similar or any other offence at any point of time in future, the bail granted to him by this Court in the present case and in other two pending cases against him, would be liable to be cancelled at the instance of the prosecution on this ground alone and stipulation to this effect shall be inserted in the bail bonds produced by the petitioner, and the sureties to be produced in support thereof shall be verified by the Tehsildar of the area concerned.