Rajasthan High Court - Jodhpur
Jagdish Singh vs State on 22 June, 2021
Bench: Devendra Kachhawaha Judge)
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR.
..
S.B. Criminal Misc. Bail Application No. 8075/2021.
(Second Bail)
Jagdish Singh S/o Santokh Singh, Aged About 30 Years, R/o
Nonari Khokhar PS Guru Harshahay District Firozpur (Punjab).
(Presently Lodged At Central Jail, Bikaner).
----Petitioner
Versus
State of Rajasthan through P.P.
----Respondent
For Petitioner(s) : Mr. Kaushal Gautam through VC.
For Respondent(s) : Mr. Farzand Ali, GA-cum-AAG with
Mr. Sudhir Tak, Public Prosecutor.
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
(VACATION JUDGE)
Order
22/06/2021
The present second 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. 190/2020, Police Station
Jamsar, District Bikaner, registered for the offence under Section
8/15 of the NDPS Act.
Heard learned counsel for the petitioner appearing through
video conferencing as well as learned Government Advocate-cum-
Additional Advocate General assisted by the learned Public
(2 of 3) [CRLMB-8075/2021]
Prosecutor, present-in-person. Perused the material available on
record.
Learned counsel for the petitioner stated that at the time of
rejection of first bail application (No. 14996/2020), liberty was
granted to the accused-petitioner to file fresh bail application after
filing of the charge-sheet; charge-sheet has now been filed, hence
this second bail application. Learned counsel stated that as per the
charge-sheet, recovered quantity of the contraband (poppy-husk)
is 51 kgs. 710 grams and the commercial quantity is 50 kgs.,
therefore, the recovered quantity is marginally excessive by 1 kg.
and 710 grams; and that the trial will take time. In support of his
contention regarding marginal quantity, learned counsel for the
petitioner has referred to and relied upon the judgments of this
Court in the cases of Sandeep Kumar S/o Raja Ram (S.B.
Criminal Misc. Bail No. 2261/2018, decided on 05.03.2018)
and Shrawan Ram S/o Sriram (S.B. Criminal Misc. Bail
Application No. 5755/2020, decided on 11.06.2020). With
these submissions, learned counsel for the petitioner prayed that
the benefit of bail may be granted to the accused-petitioner by
accepting his second bail application.
Per contra, learned Government Advocate-cum-Additional
Advocate General assisted by the learned Public Prosecutor have
fervently and vehemently opposed the second bail application of
the accused-petitioner and stated that after excluding the weight
of the gunny bags, the net recovered quantity of the contraband
(poppy-husk) comes to 51 kgs. 710 grams. which is commercial
(3 of 3) [CRLMB-8075/2021]
quantity, therefore, benefit of bail may not be granted to the
accused-petitioner.
Having regard to the totality of the facts and circumstances
of the present case, particularly the facts that in the similar
situation/circumstances, benefit of bail was granted to the accused
persons by this Court, as considered in the above cited cases; that
for maintaining judicial consistency and observations as made by
this Court in the above cited cases; that the trial will take
sufficiently long time, therefore, without expressing any opinion
on the merits/demerits of the case, this Court is of the opinion
that the second bail application filed by the petitioner deserves to
be accepted.
Consequently, the present second bail application is allowed.
It is ordered that the petitioner, Jagdish Singh S/o Santokh
Singh, arrested in connection with F.I.R. No. 190/2020, Police
Station Jamsar, District Bikaner, shall be released on bail, if not
wanted in any other case; provided he furnishes a personal bond
of Rs.1,00,000/- with two sound and solvent sureties of
Rs.50,000/- each to the satisfaction of the learned trial court with
the stipulation to appear before that Court on all dates of hearing
and as and when called upon to do so.
(DEVENDRA KACHHAWAHA), VJ
12-Mohan/-
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