Rajasthan High Court - Jodhpur
Subash vs State on 20 December, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLMB-3549/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous 2nd Bail Application No. 3549/2022
Subash S/o Bhalla Ram, Aged About 23 Years, R/o Phinch, Tehsil
Luni, District Jodhpur (Raj.) (Presently Lodged In Sub Jail,
Balotra, District Barmer)
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. VK Gaur.
For Respondent(s) : Mr. Mukesh Trivedi, PP.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
20/12/2022
The petitioner has been arrested in connection with FIR
No.76/2017 of Police Station Kalyanpur, District Barmer for the
offences punishable under Section 8/15 of NDPS Act. He has
preferred this second bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner submits that the petitioner
has been arrested on 11.12.2017 and is in judicial custody since
18.12.2017.
Learned counsel for the petitioner has relied upon the
judgment rendered by Hon'ble Apex Court in Satender Kumar
Antil Vs. Centra Bureau of Investigation & Anr. reported in
AIR 2022 Supreme Court 3386, relevant portion reads as
under :-
"1 ............
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(2 of 3) [CRLMB-3549/2022]
We are inclined to accept the guidelines and make them
a part of the order of the Court for the benefit of the
Courts below. The guidelines are as under:
Categories/Types of Offences
A) Offences punishable with imprisonment of 7 years or
less not falling in category B & D.
B) Offences punishable with death, imprisonment for
life, or imprisonment for more than 7 years.
C) Offences punishable under Special Acts containing
stringent provisions for bail like NDPS (S.37), PMLA
(S.45), UAPA (S.43D(5), Companies Act, 212(6), etc.
D) Economic offences not covered by Special Acts.
SPECIAL ACTS (CATEGORY C)
64.Now we shall come to category (C). We do not wish
to deal with individual enactments as each special Act
has got an objective behind it, followed by the rigor
imposed. The general principle governing delay would
apply to these categories also. To make it clear, the
provision contained in Section 436A of the Code would
apply to the Special Acts also in the absence of any
specific provision. For example, the rigor as provided
under Section 37 of the NDPS Act would not come in the
way in such a case as we are dealing with the liberty of
a person. We do feel that more the rigor, the quicker
the adjudication ought to be. After all, in these types of
cases number of witnesses would be very less and there
may not be any justification for prolonging the trial.
Perhaps there is a need to comply with the directions of
this Court to expedite the process and also a stricter
compliance of Section 309 of the Code.
(i)....
(ii)....
(iii) Where the undertrial accused is charged with an
offence(s) under the Act punishable with minimum
imprisonment of ten years and a minimum fine of
Rupees one lakh, such an undertrial shall be released
on bail if he has been in jail for not less than five years
provided he furnishes bail in the sum of Rupees one
lakh with two sureties for like amount. "
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(3 of 3) [CRLMB-3549/2022]
Learned counsel for the petitioner has also relied upon the
judgment of this Court in Kanhaiya Lal Nath Vs. N.C.B.,
through Special PP (S.B. Criminal Misc. Bail Application
No.3173/2022), decided on 12.05.2022.
Learned Public Prosecutor has opposed the bail application.
Looking to the aforementioned judgment and having regard
to the totality of the facts and circumstances of the case as also
the fact that conclusion of the proceedings is likely to take some
time and without expressing any opinion on the merits of the
case, this Court deems it just and proper to grant bail to the
accused petitioner under Section 439 Cr.P.C.
Accordingly, this bail application filed under Section 439
Cr.P.C. are allowed and it is directed that petitioner Subash S/o
Bhalla Ram shall be released on bail in connection with FIR No.
76/2017 of Police Station Kalyanpur, District Barmer provided he
executes a personal bond in a sum of Rs.50,000/- with two sound
and solvent sureties of Rs.25,000/- 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.
(DR.PUSHPENDRA SINGH BHATI), J.
309-jitender/-
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