Rajmal vs State (2023/Rjjd/011335)
2023 Latest Caselaw 3418 Raj

[2023/RJJD/011335]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous II Bail Application No. 6696/2022

Rajmal S/o Prithviraj Bheel, Aged About 26 Years, R/o Turkiya Kallan PS Kapasan Dist. Chittorgarh (At Present Lodged In Dist. Jail Chittorgarh)

----Petitioner Versus State, Through PP

----Respondent

For Petitioner(s) : Mr. Birbal Ram 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.147/2019 of

Police Station Shambhupura, District Chittorgarh for the offences

punishable under Sections 8/15 NDPS Act. He has preferred this

second bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that as per

the prosecution story, 383 Kgs of poppy straw was recovered from

the possession of the petitioner and he was arrested on

29.08.2019 and conclusion of trial is likely to take time.

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

[2023/RJJD/011335] (2 of 2) [CRLMB-6696/2022]

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 commenting 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 Rajmal S/o

Prithviraj Bheel shall be released on bail in connection with FIR

No.147/2019 of Police Station Shambhupura, District Chittorgarh

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 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

7-AjaySingh/-

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