Dinesh vs State Of Rajasthan

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
       S.B. Criminal Miscellaneous Third Bail Application No.
                                 15339/2022

Dinesh S/o Shri Mangilal, Aged About 32 Years, R/o Bholji Ki
Dhani Khokhriya Ps Pipar Shahar Dist. Jodhpur (At Present
Lodged In Central Jail Jodhpur)
                                                                    ----Petitioner
                                     Versus
State Of Rajasthan, Through Pp
                                                                  ----Respondent


For Petitioner(s)          :     Mr. ML Bishnoi
For Respondent(s)          :     Mr. NS Bhati, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                      Order

09/01/2023
     The petitioner has been arrested in connection with FIR No.

99/2017 of Police Station, Dangiawas, Jodhpur for the offence

punishable under Section 8/15 of NDPS Act. He has preferred this

bail application under Section 439 Cr.P.C.

     Learned counsel for the petitioner has relied upon the

judgment rendered by Hon'ble Apex Court in Satender Kumar

Antil Vs. Centra Bureau of Investigation & Anr. reported in

AIR 2022 Supreme Court 3386, relevant portion reads as

under :-

    "1 ............

    We are inclined to accept the guidelines and make them
    a part of the order of the Court for the benefit of the
    Courts below. The guidelines are as under:

    Categories/Types of Offences


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   A) Offences punishable with imprisonment of 7 years or
   less not falling in category B & D.

   B) Offences punishable with death, imprisonment for
   life, or imprisonment for more than 7 years.

   C) Offences punishable under Special Acts containing
   stringent provisions for bail like NDPS (S.37), PMLA
   (S.45), UAPA (S.43D(5), Companies Act, 212(6), etc.

   D) Economic offences not covered by Special Acts.


   SPECIAL ACTS (CATEGORY C)
   64.Now we shall come to category (C). We do not wish
   to deal with individual enactments as each special Act
   has got an objective behind it, followed by the rigor
   imposed. The general principle governing delay would
   apply to these categories also. To make it clear, the
   provision contained in Section 436A of the Code would
   apply to the Special Acts also in the absence of any
   specific provision. For example, the rigor as provided
   under Section 37 of the NDPS Act would not come in the
   way in such a case as we are dealing with the liberty of
   a person. We do feel that more the rigor, the quicker
   the adjudication ought to be. After all, in these types of
   cases number of witnesses would be very less and there
   may not be any justification for prolonging the trial.
   Perhaps there is a need to comply with the directions of
   this Court to expedite the process and also a stricter
   compliance of Section 309 of the Code.
   (i)....
   (ii)....
   (iii) Where the undertrial accused is charged with an
   offence(s) under the Act punishable with minimum
   imprisonment of ten years and a minimum fine of
   Rupees one lakh, such an undertrial shall be released
   on bail if he has been in jail for not less than five years
   provided he furnishes bail in the sum of Rupees one
   lakh with two sureties for like amount. "


    Learned counsel for the petitioner has also relied upon the

judgment of this Court in Kanhaiya Lal Nath Vs. N.C.B.,

through Special PP (S.B. Criminal Misc. Bail Application

No.3173/2022), decided on 12.05.2022.

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                                         Counsel for the petitioner further submits that the petitioner

                                   is in custody for last 05 years, 02 months and 07 days as on

                                   09.01.2023.

                                         Counsel for the petitioner submits that as per the list of

                                   witnesses, the trial of case is likely to take a long time.

                                         Learned Public Prosecutor has opposed the bail application.

                                         Looking to the aforementioned judgment and having regard

                                   to the totality of the facts and circumstances of the case as also

                                   the fact that conclusion of the proceedings is likely to take some

                                   time and without expressing any opinion on the merits of the

                                   case, this Court deems it just and proper to grant bail to the

                                   accused petitioner under Section 439 Cr.P.C.


                                         Accordingly, this bail application filed under Section 439

                                   Cr.P.C. is allowed and it is directed that petitioner-Dinesh S/o

                                   Shri Mangilal shall be released on bail in connection with                     FIR

                                   No. 99/2017 of Police Station, Dangiawas, Jodhpur provided the

                                   petitioner execute a personal bond in a sum of Rs.50,000/- with

                                   two sound and solvent sureties of Rs.25,000/- each to the

                                   satisfaction of learned trial court for his appearance before that

                                   court on each and every date of hearing and whenever called upon

                                   to do so till the completion of the trial.



                                                                 (DR.PUSHPENDRA SINGH BHATI), J.

97-Sanjay/-

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