Rajasthan High Court - Jodhpur
Jagdish vs State Of Rajasthan ... on 21 April, 2023
Bench: Vijay Bishnoi
[2023/RJJD/011389]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous IV Bail Application No. 1887/2023
Jagdish S/o Vishnaram, Aged About 26 Years, R/o Meghwalo Ka
Baas, Police Station Baap, Dist. Jodhpur.
(Presently Lodged At Sub Jail, Phalodi)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Bhanwaru Ram
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.214/2018 of
Police Station Baap, District Jodhpur for the offences punishable
under Sections 8/15 NDPS 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
26.11.2020. It is also submitted that the petitioner was arrested
on 28.11.2018 and as per the prosecution story, narcotic
contraband poppy straw weighing around 88 Kg alleged to have
[2023/RJJD/011389] (2 of 3) [CRLMB-1887/2023]
been recovered from the petitioner. It is further submitted that as
per the charge-sheet filed by the Police, as many as 16
prosecution witnesses are required to be examined, however out
of which, only 3 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 Jagdish S/o
Vishnaram shall be released on bail in connection with FIR
No.214/2018 of Police Station Baap, District Jodhpur provided he
executes a personal bond in a sum of Rs.1,00,000/- with two
[2023/RJJD/011389] (3 of 3) [CRLMB-1887/2023]
sound and solvent sureties of Rs.50,000/- 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
the completion of the trial.
(VIJAY BISHNOI),J
57-AjaySingh/-
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