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Rajasthan High Court · body

1996 DIGILAW 634 (RAJ)

Ummed Singh and Anr v. State of Rajasthan

1996-06-20

M.A.A.KHAN

body1996
JUDGMENT 1. - Heard. 2. It is alleged that during the intervening night of 14/15.5.1996 the applicant and some others including Jaiveer, Driver and Sanjeev Kumar, owner were noticed by the police authorities carrying 4,466 pouches of country made liquor in a jeep. The Police partly apprehended them and arrested Jaiveer and Sanjeev Kumar. The present applicants are stated to have made good their escape. 3. The learned counsel for the applicants submitted that Sanjeev Kumar and Jaiveer have since been released on bail Under section 439, Criminal Procedure Code and the present applicants were made accused in the present case only on the information given by the co-accused. It was also submitted that since the investigation of the case is already over, no useful purpose would be served in arresting the applicants. In this behalf reliance was also placed on Smt. Mithlesh Kumari v. State of Raj., 1989 WLN 47 . 4. The learned Public Prosecutor has opposed the bail application. 5. Looking to the facts and circumstances of the case, it is directed that the applicants shall not be arrested within one month, after the submission of this charge-sheet, when they shall appear and surrender before the trial Court. The trial Court may, therefore, consider their prayer for regular bail. During the intervening period the petitioners shall not be arrested by the police.The application stands disposed of.Order accordingly. *******