HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 1537/2022
Govind Singh S/o Shri Bhagwan Singh, R/o Odiyakhedi PS Pirawa
Distt. Jhalawar At Present In Distt. Jail Jhalawar
----Petitioner
Versus
State Of Rajasthan, Through The Pp
----Respondent
Connected With S.B. Criminal Miscellaneous Bail Application No. 2384/2022
1. Vikram Singh S/o Shivlal, Aged About 30 Years, R/o Banskhedi PS Pidawa Dist. Jhalawar Raj.
(At Present In Dist. Jail
Jhalawar)
2. Govind Singh S/o Narayan
Singh, Aged About 22 Years,
R/o Banskhedi PS Pidawa Dist.
Jhalawar Raj. (At Present In
Dist. Jail Jhalawar)
3. Bhaavsingh S/o Kanhiram,
Aged About 30 Years, R/o
Baanskhedi PS Pidawa Dist.
Jhalawar Raj. (At Present In
Dist. Jail Jhalawar)
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Harendra Singh, Advocate with Mr.
Tikaram Meena, Advocate
Mr. Ali Mohd. Khan, Advocate
For Respondent(s) : Mr. S.S. Ola, Public Prosecutor
HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA Order (Downloaded on 02/03/2022 at 08:48:16 PM) (2 of 3) [CRLMB-1537/2022] 24/02/2022 These bail applications have been filed under Section 439 Cr.P.C. in connection with FIR No. 14/2022 registered at Police Station Raipur, District Jhalawar for the offence under Sections 8/20 and 8/29 of the N.D.P.S. Act.
Learned counsel for the petitioners submits that the alleged recovered contraband (Ganja) is less than commercial quantity. Learned counsel further submits that as per Section 2(vii-a) of the NDPS Act, commercial quantity means any quantity greater than the quantity specified by the Central Government by notification in the Official Gazette. Therefore, as per definition, the commercial quantity would be above 20 Kg. Learned counsel further submits that the petitioners are behind the bars since long and they have no criminal antecedents. Learned counsel has placed reliance on the judgments passed by the co-ordinate Bench of this Court in the cases of Mohd. Tahir @ Bhura Vs. State of Rajasthan (S.B. Criminal Misc. Bail Application No.18656/2021) and Ghansyam & Anr. Vs. State of Rajasthan (S.B. Criminal Misc. Bail Application No.14146/2016) dated 24.01.2022 and 22.11.2016 respectively. Hence, the accused-petitioners may be released on bail.
Learned Public Prosecutor has strongly opposed the bail applications.
Heard learned counsel for the parties and perused the material available on record.
Considering the submissions made by learned counsel for the petitioners and taking into consideration overall facts and circumstances of the case, but without expressing any opinion on (Downloaded on 02/03/2022 at 08:48:16 PM) (3 of 3) [CRLMB-1537/2022] the merits/demerits of the case, this court deems it just and proper to enlarge the petitioners on bail.
Consequently, the bail applications under Section 439 Cr.P.C. are allowed and it is ordered that the accused-petitioners (1) Govind Singh S/o Shri Bhagwan Singh, (2) Vikram Singh S/o Shivlal, (3) Govind Singh S/o Narayan Singh and (4) Bhaavsingh S/o Kanhiram shall be enlarged on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance before the court concerned on all the dates of hearing and as and when called upon to do so.
(CHANDRA KUMAR SONGARA),J Ashish Kumar /14-15 (Downloaded on 02/03/2022 at 08:48:16 PM) Powered by TCPDF (www.tcpdf.org)