Sahilen Chandra Rai Son Of Shri ... vs State Of Rajasthan
2021 Latest Caselaw 3196 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Second Bail Application No.
                                8843/2021

Sahilen Chandra Rai Son Of Shri Sharat Chandra Rai, Aged About
36 Years, Resident Of South Ambadi Police Station Pundibadi
District Koch Bihar, West Bengal At Present Near Pani Ki Pyau,
Jhalana Kacchi Basti, Police Station Malviya Nagar, Jaipur (Raj.)
(At Present Confined In Central Jail, Jaipur)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through P.p.
                                                                 ----Respondent

For Petitioner(s) : Mr. Anil Kumar Upman, through VC For State : Mr. Mangal Singh Saini, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

27/07/2021

1. Petitioner has filed this second bail application under Section

439 of Cr.P.C.

2. F.I.R. No. 415/2020 registered at Police Station Chaksu,

District Jaipur for offence under Sections 8/20 of NDPS Act.

3. It is contended by counsel for the petitioner that petitioner

was arrested on 10.10.2020. Period of 180 days for filing the

charge-sheet expired on 08.04.2021. Petitioner moved an

application on 09.04.2021 under Section 167 (2) Cr.P.C. that he

has not been provided the copy of charge-sheet and without any

authority Judicial Remand has been extended.

4. Learned Public Prosecutor has opposed the second bail

application. It is contended that commercial contraband was

(2 of 2) [CRLMB-8843/2021]

recovered from the conscious possession of the petitioner. Charge-

sheet was actually filed on 05.04.2021, but since the date was

listed on 27.04.2021, copy of the charge-sheet was not made

available to the petitioner or his counsel.

5. I have considered the contentions.

6. Learned Court mentioned in the impugned order that charge-

sheet was filed on 05.04.2021 i.e. much prior to the period of 180

days.

7. Considering the contentions put forth by counsel for the

State, I am not inclined to entertain the second bail application.

8. This second bail application is accordingly dismissed.

(PANKAJ BHANDARI),J

NIKHIL KR. YADAV /10

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