Goverdhan vs State Of Rajasthan
2022 Latest Caselaw 14921 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 16080/2022

Goverdhan S/o Bharu Lal, Aged About 38 Years, R/o Tarmiao Ka Khaira Chitorgarh Rajasthan.

----Petitioner Versus State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. Ranjeet Singh Gill For Respondent(s) : Mr. S. S. Rajpurohit, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

19/12/2022

The instant bail application has been filed by the petitioner -

Goverdhan S/o Bharu Lal under Section 438 Cr.P.C against the

order impugned passed by learned court below in connection with

FIR No.122/2021 registered at Police Station Kolayat, District

Bikaner for the offence(s) under Sections 8/18, 29 of NDPS Act.

In view of the judgment passed in the case of Lavesh vs.

State (NCT of Delhi) reported in (2012) 8 SCC 730, the

anticipatory bail application of an absconder is not maintainable.

Hence, this criminal miscellaneous bail application is

dismissed as not maintainable.

However, considering the overall facts and circumstances of

the case, the availability and the quality of evidence, more

particularly the two disclosures of the accused - Goverdhan; one

made on 30.06.2021 and the second made on 01.07.2021, it is

deemed appropriate to direct the petitioner to surrender before

(2 of 2) [CRLMB-16080/2022]

the trial court on or before 05.01.2023 and to move a regular bail

application.

In view of the above, if the petitioner surrenders and moves

a regular bail application as directed, learned Special Judge shall

decide the bail application strictly in accordance with law.

Till 05.01.2023, the petitioner shall not be arrested.

(FARJAND ALI),J

285-AjaySingh/-

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