Soyal Khan Mirja vs State
2022 Latest Caselaw 6824 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 5859/2022

Soyal Khan Mirja S/o Shri Jumma Khan, Aged About 24 Years, B/ c Musalman, R/o Doliwas, Deesa (Gujarat) At Present Adarsh Complex, Rathore Line, Sirohi, P.s. Sirohi, District Sirohi (Rajasthan) (Presently Lodged In Sub Jail, Aburoad)

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. S. S. Rathore For Respondent(s) : Mr. S. K. Bhati, PP

HON'BLE MR. JUSTICE FARJAND ALI

Judgment / Order

07/05/2022

The present bail application has been filed under Section 439

CrPC on behalf of the petitioner, who is in judicial custody in

connection with FIR No.128/2022 registered at Police Station

Pindwara, District Sirohi for offence under Section 8/21 NDPS Act.

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submits that similarly

situated co-accused Suresh Kumar S/o Bhupa Ram has already

been enlarged on bail by the coordinate Bench of this Court. He

seeks bail for the petitioner on the ground of parity. The petitioner

is behind the bars and further investigation and trial will take

sufficiently long time, therefore, the benefit of bail may be granted

to the petitioner.

(2 of 2) [CRLMB-5859/2022]

On contrary, learned Public Prosecutor opposed the bail

application of the accused-petitioner.

Having regard to the facts and circumstances of the case,

particularly the fact that similarly situated co-accused has already

been granted bail and trial will take sufficiently longtime,

therefore, without expressing any opinion on 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 bail application is allowed. It is ordered

that the accused-petitioner Soyal Khan Mirja S/o Shri Jumma

Khan arrested in connection with FIR No.128/2022 registered at

Police Station Pindwara, District Sirohi shall be released on bail, if

not wanted in any other case, provided he furnishes a personal

bond of Rs.50,000/- (rupees Fifty Thousand) and two sureties of

Rs.25,000/- (rupees Twenty Five Thousand) 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 completion of the trial.

(FARJAND ALI),J 112-nidhi/-

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