Sharvan Ram Meghwal vs State
2021 Latest Caselaw 2335 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 9917/2020

Sharvan Ram Meghwal S/o Late Shri Madanlal, Aged About 27 Years, By Caste Meghwal, R/o Bichpudi, Police Station Merta Road, District Nagaur (Raj.). (Petitioner Is Lodged In Sub Jail Merta).

----Petitioner Versus State, Through P.p.

----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 3522/2020 Saddam Hussain S/o Shri Abdul Gafar, Aged About 27 Years, By Caste Chhimpa Musalman, Resident Of Kheradiyo Ka Mohalla, Merta City, District Nagaur. (At Present Lodged In Sub Jail Merta).

----Petitioner Versus State, Through P.p.

                                                                    ----Respondent


For Petitioner(s)           :     Mr. Ranjeet Joshi
                                  Mr. Surya Prakash Sharma
                                  Ms. Benajeer Bhutto
For Respondent(s)           :     Mr. Mahipal Bishnoi, PP



             HON'BLE MR. JUSTICE VIJAY BISHNOI

                            Judgment / Order

28/01/2021

Heard learned counsel for the petitioners as well as learned

Public Prosecutor and also perused the material on record.

The petitioners have been arrested in FIR No.437/2018 of

Police Station Merta City District Nagaur for the offences

(2 of 3) [CRLMB-9917/2020]

punishable under Section 8/29 of NDPS Act. They have preferred

these bail applications under Section 439 Cr.P.C.

Learned counsel for the petitioners has submitted that as per

the prosecution story, the police have recovered poppy straw and

some vials of cough syrups containing narcotic substance from the

possession of co-accused Babulal. It is submitted that co-accused

Babulal was arrested on 04.11.2018, however, later on, on

05.11.2018 and 06.11.2018 while in police custody, he provided

information to the police that he has procured vials of cough

syrups containing narcotic substance from the petitioners.

Learned counsel for the petitioners have argued that except

the information supplied by co-accused Babulal while in police

custody, no other evidence is available on record to connect the

petitioners with the commission of crime. It is also argued that it

is well settled that any information given by co-accused while in

police custody is not admissible in evidence. It is submitted that

the police have failed to collect call details or any other evidence

which suggests that the petitioners were in constantly contact with

co-accused Babulal. It is further submitted that from the

statements of Investigating Officer- Pooranmal Meena (PW-2), it is

clear that except the information supplied by co-accused Babulal

while in police custody, no other evidence has been collected by

the Investigating Officer to connect the petitioners with the

commission of crime.

Learned Public Prosecutor has opposed the bail application.

Having regard to the totality of the facts and circumstances

of the case and after going through the material available on

record as well as the statements of Investigating Officer, without

(3 of 3) [CRLMB-9917/2020]

expressing any opinion on the merits of the case, I deem it just

and proper to grant bail to the accused petitioners under Section

439 Cr.P.C.

Accordingly, these bail application filed under Section 439

Cr.P.C. are allowed and it is directed that petitioners Sharvan Ram

Meghwal S/o Late Shri Madanlal and Saddam Hussain S/o Shri

Abdul Gafar shall be released on bail in connection with FIR

No.437/2018 of Police Station Merta City District Nagaur provided

each of them executes 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.

(VIJAY BISHNOI),J

Surabhii/14-15-

Powered by TCPDF (www.tcpdf.org)