Sewa Ram Meghwal vs State Of Rajasthan ...
2023 Latest Caselaw 3405 Raj

[2023/RJJD/011504]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous IV Bail Application No. 4556/2023

Sewa Ram Meghwal S/o Shri Triloka Ram, Aged About 27 Years, B/c Meghwal R/o Vill. 3-A PS Anoopgarh Dist. Sri Ganganagar (At Present Lodged In Central Jail Bikaner)

----Petitioner Versus State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. M.L. Bishnoi For Respondent(s) : Mr. B.R. Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

21/04/2023

Heard learned counsel for the petitioner as well as learned

Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.13/2019 of Police

Station Chhatargarh, District Bikaner for the offences punishable

under Sections 8/21, 22, 25, 29 of NDPS Act and Section 18(C),

27(B)(II) of Drugs and Cosmetic Act. He has preferred this fourth

bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the

earlier bail application of the petitioner was rejected on

15.05.2022. It is also submitted that the petitioner was arrested

on 19.01.2019 and as per the prosecution story, 2720 tablets

containing narcotic substance tramadol were recovered from the

petitioner. It is further submitted that as per the charge-sheet filed

by the Police, as many as 17 prosecution witnesses are required to

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be examined, however, out of which, only 5 witnesses have been

examined before the trial court till date.

Learned counsel has placed reliance on the decision dated

28.03.2023 rendered by Hon'ble the Supreme Court in Mohd

Muslim @ Hussain Vs. State (NCT of Delhi) in Special Leave

Petition (Crl.) No(s).915 of 2023, wherein it is observed by the

Hon'ble Supreme Court that delay in trial can also be considered

for releasing accused person on bail despite the restrictions

imposed under Section 37 of the NDPS Act and in the light of the

judgment passed by the Hon'ble Supreme Court in Mohd Muslim

@ Hussain's case (supra), the petitioner is entitled to be enlarged

on bail.

Learned Public Prosecutor has opposed the bail application.

Having heard the learned counsel for the parties and after

going through the material available and in view of the judgment

passed by the Hon'ble Supreme Court in Mohd Muslim @ Hussain's

case (supra), without expressing any opinion on the merits of the

case, I deem 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. is allowed and it is directed that petitioner Sewa Ram

Meghwal S/o Shri Triloka Ram shall be released on bail in

connection with FIR No.13/2019 of Police Station Chhatargarh,

District Bikaner provided he executes a personal bond in a sum of

Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/-

each to the satisfaction of learned trial court for his appearance

[2023/RJJD/011504] (3 of 3) [CRLMB-4556/2023]

before that court on each and every date of hearing and whenever

called upon to do so till the completion of the trial.

(VIJAY BISHNOI),J 1-Ajaysingh/-

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