Citation : 2021 Latest Caselaw 6157 Raj/2
Judgement Date : 29 October, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Second Bail Application No.
16693/2021
Ramlal @ Ramdev Son Of Shri Sharwan Lore, Aged About 35
Years, Resident Of Jamunya Baori, Rawat Bhata Road, Gram
Panchayat Borabas, Police Station Rk Puram, Kota City District
Kota (Presently Confined In Central Jail Ajmer)
----Petitioner
Versus
State Of, Rajasthan
----Respondent
For Petitioner(s) : Mr. Gurpreet Singh Sodhi, through VC For Respondent(s) : Mr. Sher Singh Mahla, PP
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Judgment / Order
29/10/2021
1. Petitioner has filed this second bail application under Section
439 of Cr.P.C.
2. F.I.R. No. 108/2017 was registered at Police Station
Pisangan, District Ajmer for offence under Section 8/15 of NDPS
Act.
3. It is contended by counsel for the petitioner that petitioner
has remained in custody for a period of four years. The trial has
recommenced because another accused has been charge-sheeted
at the stage of final arguments.
4. Learned Public Prosecutor has opposed the second bail
application. It is contended that petitioner can apply to the Court
below for detagging the case from the case of co-accused. It is
(2 of 2) [CRLMB-16693/2021]
also contended that the first bail was dismissed as matter pertains
to commercial quantity.
5. I have considered the contentions.
6. Taking note of the fact that if the case of the petitioner has
reached for final arguments, he has right under the Code to apply
to the Court for detagging of his case from that of the another co-
accused.
7. As this Court has rejected the first bail on the ground that
the matter pertains to commercial quantity and the petitioner was
the driver, hence, I am not inclined to entertain the second bail
application.
8. This Criminal Misc. Second Bail Application accordingly, is
dismissed.
(PANKAJ BHANDARI),J
NIKHIL KR. YADAV /1
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