Mahesh Labana vs State Of Rajasthan
2022 Latest Caselaw 3071 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 2782/2022

Mahesh Labana S/o Shri Nandlal Labana, Aged About 32 Years, R/o Karmadi Kheda, Rathanjana, Pratapgarh. (At Present Lodged in District Jail, Banswara)

----Petitioner Versus State of Rajasthan through PP

----Respondent

For Petitioner(s) : Mr. Ramesh Purohit For Respondent(s) : Mr. A.R. Choudhary, PP

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

25/02/2022

The present 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.19/2022, Police Station Lohariya

Banswara, District Banswara, registered for the offence punishable

under Sections 8/18 of the NDPS Act.

Heard learned counsel appearing for the petitioner and

learned Public Prosecutor. Perused the material available on

record.

Learned counsel for the petitioner stated that as per

prosecution, alleged contraband weighing 180 gms opium has

been recovered from the co-accused Padamji, which is below

commercial quantity; petitioner has wrongly been implicated in

this case only on the statement of co-accused; co-accused

Padamji has already been granted benefit of bail by this Court vide

order dated 21.02.2022; no investigation or recovery is pending

(2 of 2) [CRLMB-2782/2022]

against the petitioner; trial will take time. With these submissions,

learned counsel for the petitioner prays that benefit of bail may be

granted to the petitioner.

Per contra, learned Public Prosecutor opposed the bail

application and stated that earlier, one other case is pending

against the accused-petitioner.

In reply, learned counsel for the petitioner stated that

petitioner has already been acquitted in the said earlier pending

case registered against him and copy of the order and judgment

dated 20.10.2021 has also been filed.

Having regard to the facts and circumstances of the case,

without expressing any opinion on the merits/demerits of the

case, this Court is of the opinion that the bail application filed by

the petitioner deserves to be accepted.

Consequently, the present bail application is allowed. It is

ordered that the accused-petitioner - Mahesh Labana S/o Shri

Nandlal Labana, arrested in connection with F.I.R. No.19/2022,

Police Station Lohariya Banswara, District Banswara, shall be

released on bail, if not wanted in any other case, provided he

furnishes a personal bond of ₹1,00,000/- (Rupees One Lakh) and

two sound and solvent sureties of ₹50,000/- (Rupees Fifty

Thousand) each to the satisfaction of the 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.

(DEVENDRA KACHHAWAHA),J 117-Arvind/-

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