Sanjay Kumar @ Sethi vs State Of Rajasthan ...
2023 Latest Caselaw 3409 Raj

[2023/RJJD/011386]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous III Bail Application No. 250/2023

Sanjay Kumar @ Sethi S/o Shri Krishn Lal, Aged About 27 Years, R/o Ward No. 4 Village Ramsara Narayan, Police Station Hanumangarh Town, Tehsil And District Hanumangarh. (At Present Lodged At Sub Jail Raisinghnagar)

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

----Respondent

For Petitioner(s) : Mr. Vinod Choudhary, Mr. Tej Singh Badgujar 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.334/2017 of

Police Station Jaitsar, District Shriganganagar for the offences

punishable under Sections 8/22, 29 of NDPS Act and 18(C), 27(B).

(II) of Drugs and Cosmetic Act. He has preferred this third bail

application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that earlier

bail application of the petitioner was rejected on 10.07.2019 and

as per the prosecution story, the petitioner has supplied narcotic

contraband containing narcotic substance tramadol weighing

around 2380 gms to co-accused Jaswant Kumar @ Sonu. Learned

counsel has also submitted that the petitioner was arrested on

[2023/RJJD/011386] (2 of 3) [CRLMB-250/2023]

08.08.2018 and as per the charge-sheet, the prosecution is

required to produce 19 witnesses, however out of which, only 10

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 Sanjay Kumar @

Sethi S/o Shri Krishn Lal shall be released on bail in connection

with FIR No.334/2017 of Police Station Jaitsar, District

Shriganganagar 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/011386] (3 of 3) [CRLMB-250/2023]

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

52-AjaySingh/-

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