Citation : 2022 Latest Caselaw 14392 Raj
Judgement Date : 7 December, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 14883/2022
Rangji S/o Shri Dhariya, Aged About 55 Years, R/o Dabdimal Ambapura Banswara (At Present Lodged In Dist. Jail Banswara)
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Ramesh Purohit For Respondent(s) : Mr. Shrawan Bishnoi, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment / Order
07/12/2022
The petitioner has been arrested in connection with FIR
No.203/2022 of Police Station Ambapura, Banswara for the
offence punishable under Section 8/20 of NDPS Act. He has
preferred this bail application under Section 439 Cr.P.C.
Counsel for the petitioner submits that cannabis plants
weighing 78 kg have been recovered from the petitioner. Counsel
submits that the case of the present petitioner falls under Section
18(C) of NDPS Act where, the punishment can be awarded to the
accused person up to ten years and therefore provisions of Section
37 of NDPS Act are not applicable to the present case. The
accused-petitioner is in judicial custody and the trial of the case
will take sufficient long time to be concluded. Therefore, the
benefit of bail should be granted to the accused-petitioner.
Learned Public Prosecutor has opposed the bail application.
(2 of 2) [CRLMB-14883/2022]
Having regard to the totality of the facts and circumstances
of the case, without expressing any opinion on the merits of the
case, I deem it just and proper to grant bail to the accused
petitioner under Section 439 Cr.P.C.
Accordingly, the bail application filed under Sec.439 Cr.P.C. is
allowed and it is directed that petitioner Rangji S/o Shri Dhariya
shall be released on bail in connection with FIR No.203/2022 of
Police Station Ambapura, Banswara provided he executes a
personal bond in a sum of Rs.2,00,000/- with two sound and
solvent sureties of Rs.1,00,000/- 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.
(MANOJ KUMAR GARG),J 60-MS/-
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