Mohammad Ali @ Bablu Son Of Moti ... vs State Of Rajasthan
2021 Latest Caselaw 2360 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Second Bail Application No.
                                8839/2021

Mohammad Ali @ Bablu Son Of Moti Husain, Aged About 45
Years, Resident Of Kasai Wada, Near Lal Ghanta Ghar, Jumma
Masjid, Police Station Kotwali, District Churu At Present Makan
No. A-1, Shyam Vihar-B, Girdharipura, Police Station Karni Vihar
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 Respondent(s) : Mr. Sher Singh Mahla, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI (V.J.)

Judgment / Order

08/06/2021

1. Petitioner has filed this second bail application under Section

439 Cr.P.C.

2. F.I.R. No.142/2021 was registered at Police Station Karni

Vihar, District Jaipur for offence under Sections 8, 20 & 21 of

NDPS Act.

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

has filed this default bail application. Petitioner was arrested on

21.03.2021 and was produced before the Court on the same day.

The period for filing the charge-sheet expired on 20.05.2021.

Petitioner moved this default bail application on 21.05.2021 with

the intention to defeat the grounds of Police adding Section 27-A

of NDPS Act on back date i.e. on 17.05.2021. No new material

(2 of 3) [CRLMB-8839/2021]

was produced before the police with regard to adding of Section

27-A of NDPS Act. It is also contended that till date, charge-sheet

has not been filed.

4. Counsel for the petitioner has placed reliance on "State of

Maharashtra Vs. Bharati Chandmal Varma" (2002) 2 Supreme

Court Cases 121 and the order passed by this Court in

"Vishambhar Das Vs. State of Rajasthan" in S.B. Criminal

Misc. Bail Application No.15770/2017.

5. It is further contended that the remand period was extended

and the police has never produced any document before the Court

concerned that remand needs to be extended as Section 27-A of

NDPS has been added.

6. Learned Public Prosecutor has opposed the second bail

application.

7. I have considered the contentions.

8. Considering the contentions put forth by counsel for the

petitioner and also the judgments cited before the Court, I deem it

proper to allow the second bail application.

9. This second bail application is, accordingly, allowed and it is

directed that accused-petitioner shall be released on bail provided

he 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 he shall appear before

that Court and any Court to which the matter be transferred, on

all subsequent dates of hearing and as and when called upon to do

(3 of 3) [CRLMB-8839/2021]

so.

10. 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.

(PANKAJ BHANDARI (V.J.)),J

ARTI SHARMA /26

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