Suresh Kumar Mali S/O Madanlal vs State Of Rajasthan
2021 Latest Caselaw 1839 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Second Bail Application No.
                                 2150/2021

Suresh Kumar Mali S/o Madanlal, Aged About 35 Years, R/o
Banasyapara Kaithun P.s. Kaithun District Kota Raj. (At Present
Confined At Central Jail Kota)
                                                                    ----Petitioner
                                     Versus
State Of Rajasthan, Through Pp.
                                                                  ----Respondent

Connected With S.B. Criminal Miscellaneous Second Bail Application No. 2234/2021 Ajay Bairwa S/o Shri Jankilal, Aged About 28 Years, R/o Behind Pashu Chikitsalaya Kaithun Ps Kaithun Dist. Kota (At Present Accused Confined At Central Jail Kota)

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Abdul Rahim Khan Mr. Syed Shahid Hasan For Respondent(s) : Mr. Mangal Singh Saini, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

18/02/2021

1. Petitioners have filed these second bail applications under

Section 439 Cr.P.C.

2. F.I.R. No.422/2020 was registered at Police Station Kaithun

Kota Rural for offence under Sections 8 & 20 of NDPS Act.

3. It is contended by counsel for the petitioner- Suresh Kumar

(2 of 3) [CRLMB-2150/2021]

Mali that the recovered contraband is less than commercial

quantity. Recovered contraband also does not fall within the

definition of 'ganja' as leaves and stems have been recovered,

which were not accompanied by fruiting tops. It is also contended

that criminal antecedents pertain to Section 8/29 of NDPS Act. No

recovery has been effected from the present petitioner in the

earlier case also.

4. Counsel for Ajay Bairwa contends that petitioner has been

made an accused after recovery was effected from him. In none of

the criminal antecedents, there was recovery from him. It is also

contended that his name was added after few days of recovery

and on the basis of interrogation of co-accused.

5. Learned Public Prosecutor has opposed these second bail

applications.

6. I have considered the contentions.

7. Considering the contentions put forth by counsel for the

petitioners, I deem it proper to allow these second bail

applications.

8. These second bail applications are, accordingly, allowed and

it is directed that accused-petitioners shall be released on bail

provided each of them furnishes a personal bond in the sum of

Rs.1,00,000/- (Rupees One Lac only) together with two sureties in

the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the

satisfaction of the trial Court with the stipulation that they shall

appear before that Court and any Court to which the matter be

transferred, on all subsequent dates of hearing and as and when

(3 of 3) [CRLMB-2150/2021]

called upon to do so.

9. However, it is made clear that if the petitioner repeats the

offence, State would be free to move application for cancellation

of bail before the concerned Court.

10. A copy of this order be placed in connected file.

(PANKAJ BHANDARI),J

ARTI SHARMA /51-52

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