Rajasthan High Court - Jodhpur
Mangilal vs State on 25 May, 2022
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 5938/2022
1. Mehar Singh @ Kala S/o Natha Singh, Aged About 28
Years, B/c Majbi Sikh, R/o Galamiwala, Teh. Firozpur Dist.
Firozpur, Punjab.
2. Gurvinder Singh S/o Jaswant Singh, Aged About 28 Years,
B/c Jat Sikh, R/o Kherapind, Teh. Tarantaran Dist.
Tarantaran, Punjab. (At Present Lodged In Dist. Jail,
Churu).
----Petitioners
Versus
State, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 867/2022
Mangilal S/o Bherulal, Aged About 46 Years, R/o Chamaro Ka
Mohalla, Harnawada, District Jhalawar, Rajasthan. (Presently
Lodged In Churu Jail)
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. Vikas Bijarnia
Mr. Shreekant Verma
For Respondent(s) : Mr. Muktiyar Khan, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
25/05/2022
The petitioners have been arrested in connection with FIR
No.36/2020 of Police Station Bhanipura, District Churu for the
offence punishable under Sections 8/15, 18, 8/18 of NDPS Act. They
(2 of 3) [CRLMB-5938/2022]
have preferred these two separate bail application under Section 439
Cr.P.C.
Counsel for the petitioners submits that total 940 kgs. poppy
husk in 47 plastic bags, 40 kgs. Poppy straw in two bags and 1.200
kgs opium in two plastic packets were recovered from the truck and
thereafter the Investigating Officer after taking samples of
contraband from all the bags, mixed the same and took a sample
and sent the same for FSL. Counsel has placed reliance upon the
judgments rendered in the cases of Netram Vs. State of Rajasthan
reported in 2014(2) WLN 394 (Raj.) and Nagu Singh Vs. State of
Rajasthan reported in 2016(3) WLN 310 (Raj.) and upon the orders
of this Court in SB Cr. Misc. Bail Application No.1603/2018, Ram Lal
Vs. State decided on 27.02.2018 and SB Cr. Misc. Bail Application
No.4299/2018, Bheru Lal Vs. State decided on 30.07.2018, in the
said cases also the samples were taken from all the bags and only
two samples were sent for FSL and this Court granted bail to the
accused. Counsel submits that the case of the present petitioners is
also identical to that of the reported case and no other criminal case
has been registered against the petitioners. The petitioners are in
custody since long and trial of the case will take sufficient long time
to be concluded. In these circumstances, the bail application may be
allowed and the petitioners may be released on bail.
Learned Public Prosecutor has vehemently opposed the bail
applications.
Having regard to the totality of the facts and circumstances of
the case, without expressing any opinion on the merits of the case, I
deem it just and proper to grant bail to the accused petitioners under
Section 439 Cr.P.C.
(3 of 3) [CRLMB-5938/2022]
Accordingly, both the bail applications filed under Sec.439
Cr.P.C. are allowed and it is directed that petitioners (1) Mehar Singh
@ Kala S/o Natha Singh, (2) Gurvinder Singh S/o Jaswant Singh,
& (3) Mangilal S/o Bherulal shall be released on bail in connection
with FIR No.36/2020 of Police Station Bhanipura, District Churu
provided each of them executes a personal bond in a sum of
Rs.2,00,000/- with two sound and solvent sureties of Rs.1,00,000/-
each to the satisfaction of learned trial court for their appearance
before that court on each and every date of hearing and whenever
called upon to do so till the completion of the trial.
(MANOJ KUMAR GARG),J
133-134 MS/-
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