Parmanand vs State
2022 Latest Caselaw 429 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 15709/2021

Parmanand S/o Banshidhar, Aged About 33 Years, R/o Ward No. 16, Sahaba, Teh. Tara Nagar, Dist. Churu. (Presently Lodged In Dist. Jail, Hanumangarh).

----Petitioner Versus State, Through PP

----Respondent

For Petitioner(s) : Mr. Mangilal Bishnoi through VC For Respondent(s) : Mr. Mahipal Bishnoi, PP

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment

07/01/2022 Lawyers are not physically appearing in the Court in view of

the unprecedented situation being faced by the country due to

pandemic of novel corona virus (COVID-19).

The present bail application has been filed under Section 439

Cr.P.C. on behalf of the petitioner who is in custody in connection

with F.I.R. No. 437/2021, Police Station Nohar, District

Hanumangarh, for the offence under Sections 8/21 and 8/29 of

the NDPS Act.

Heard learned counsel for the petitioner as well as learned

Public Prosecutor and also perused the material available on

record.

Counsel for the petitioner submits that the charge sheet in

the case has been filed. The contraband recovered is below

commercial quantity and co-accused Rohitash has already been

(2 of 3) [CRLMB-15709/2021]

enlarged on bail by a Coordinate Bench of this Court vide order

dated 28.09.2021. Learned counsel further submits that the case

of the present petitioner is not distinguishable from the case of the

co-accused who has already been released on bail by a Coordinate

Bench of this Court. The conclusion of trial will take sufficiently

long time, therefore, it is prayed that the petitioner may be

enlarged on bail.

Learned Public Prosecutor has opposed the bail application

but he is unable to distinguish the case of the present petitioner

vis-a-vis the case of the co-accused person who has been

enlarged on bail.

Having regard to the facts and circumstances of the case and

upon a consideration of the arguments advanced and considering

the fact that the case of the present petitioner is identical to co-

accused aforesaid who has been enlarged on bail by a Coordinate

Bench of this Court as also the present situation of the country

due to pandemic of corona virus (COVID-19), in particular the

jails, this Court is of the opinion that the petitioner is also entitled

for the grant of bail under Section 439 Cr.P.C.

Accordingly, this bail application filed under Section 439

Cr.P.C. is allowed and it is directed that the petitioner Parmanand

S/o Banshidhar shall be released on bail in connection with

F.I.R. No. 437/2021, Police Station Nohar, District Hanumangarh

provided he executes a personal bond in a sum of Rs.1,00,000/-

(Rupees: One Lac Only) with two sound and solvent sureties of

Rs.50,000/- (Rupees: Fifty Thousand Only) each to the

satisfaction of the learned trial Court for his appearance before

(3 of 3) [CRLMB-15709/2021]

that Court on each and every date of hearing and whenever called

upon to do so till the completion of the trial.

(VINIT KUMAR MATHUR),J

37-Shahenshah/-

Powered by TCPDF (www.tcpdf.org)