2004 INSC 0694
                                    SUPREME COURT OF INDIA

                                   Vijay Kumar @ Harikishan Baheti

                                                      Vs.

                                             State of Rajasthan

                                      S.L.P. (Crl.) No. 1303 of 2004

                           (Y. K. Sabharwal and D. M. Dharmadhikari JJ.)

                                                 08.07.2004

                                                   ORDER

1. Leave granted.

2. The appellants have challenged the impugned order of the High Court declining bail to
them in F.I.R. No. 238 of 2003, Police Station Muralipura, Jaipur, under Sections 420, 120-B
I.P.C. and Section 104, Trade Mark Act, primarily on the ground that two earlier bail
applications were rejected on merits looking to the gravity of the offence. The case of the
prosecution against the appellants is that they were cheating customers by selling ghee by
fabricating labels of other brands. The maximum sentence imposable under the penal
provisions is three years. The appellants are in custody since October, 2003. Having regard
to the period of their custody and the maximum sentence imposable and considering the
allegations of prosecution against the appellants, we are of the view that they deserve to be
released on bail.

3. Accordingly, setting aside the impugned order, we direct that the appellants shall be
released on bail on their furnishing bail bonds to the satisfaction of the trial court.

4. The appeal is allowed accordingly.

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