Bhudhi Sagar vs State
2021 Latest Caselaw 12547 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR.

..

S.B. Criminal Misc. Bail Application No. 9477/2021.

Bhudhi Sagar S/o Sh. Mangi Lal Salvi (Balai), Aged About 53

Years, R/o Khajuri, P.S. Manasha District Neemach (MP).

(Presently Lodged in District Jail, Chittorgarh).

                                                                  ----Petitioner
                                   Versus
State of Rajasthan through PP
                                                                ----Respondent


For Petitioner(s)        :     Mr. R.S. Gill
For Respondent(s)        :     Mr. Laxman Solanki, PP

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

11/08/2021

The present bail application has been filed under Section 439

Cr.P.C. on behalf of the petitioner, who is in judicial custody in

connection with F.I.R. No.58/2013, Police Station Chanderia,

District Chittorgarh, registered for the offences punishable under

Sections 8/15, 29 of NDPS Act.

Heard learned counsel appearing for the petitioner as well as

learned Public Prosecutor. Perused the material available on

record.

Learned counsel for the petitioner stated that as per

prosecution, initially, 62½ quintals contraband were recovered in

(2 of 3) [CRLMB-9477/2021]

this case; since, the provisions of Section 52-A of the NDPS Act

was not properly complied with, therefore, while passing the

judgment, the learned trial court at page No.32 in para 89 which

is marked as page number 60 in compendium submitted by

learned counsel for the petitioner, it was held that "the contraband

'poppy-straw/doda-chura' which was duly produced is weighing 35

kgs. and it is of non-commercial quantity and thus, it is an offence

punishable upto a term of 10 years with fine; co-accused persons

were punished for the offences for a term of 7 years only; copy of

judgment passed in the case of "State of Rajasthan Vs Shyamlal &

Ors." pertaining to FIR No.58/2013 is submitted along with the

present bail application and the name of the present accused-

petitioner is shown in the array of parties at serial number 6.

Learned counsel for the petitioner further stated that on the same

footing, accused-petitioner is entitled for bail. With these

submissions, learned counsel for the petitioner prays that benefit

of bail may be granted to the petitioner.

Per contra, learned Public Prosecutor opposed the bail

application and stated that charge-sheet against the accused

petitioner was filed under Section 299 Cr.P.C. and as per

prosecution, 62½ quintal poppy-husk was recovered in this case.

Having regard to the facts and circumstances of the case,

particularly to the judgment as passed by the Trial Court with

regard to the other co-accused persons, without expressing any

opinion on the merits/demerits of the case, this Court is of the

opinion that the bail application filed by the petitioner deserves to

be accepted.

(3 of 3) [CRLMB-9477/2021]

Consequently, the present bail application is allowed. It is

ordered that the accused-petitioner - Bhudhi Sagar S/o Sh. Mangi

Lal Salvi (Balai), arrested in connection with F.I.R. No.58/2013,

Police Station Chanderia, District Chittorgarh, shall be released on

bail, if not wanted in any other case, provided he furnishes a

personal bond of Rs.3,00,000/- (Rupees Three Lakhs) and two

sound and solvent sureties of Rs.1,50,000/- (Rupees One Lakh

Fifty Thousand) (out of which one surety shall be of blood

relative/close family member) each to the satisfaction of the

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.

(DEVENDRA KACHHAWAHA),J 43-Arvind/-

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