Jabbar Hussain vs State Of Rajasthan ...
2023 Latest Caselaw 3419 Raj

[2023/RJJD/011291]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous III Bail Application No. 5288/2022

Kayom S/o Gani Mohammed, Aged About 30 Years, B/c Musalman, R/o Laduna, P.s. Seetamau, Dist. Mandsore, Madhya Pradesh.

(At Present Lodged At District Jail, Jodhpur).

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

----Respondent Connected With S.B. Criminal Miscellaneous II Bail Application No. 3346/2022 Jabbar Hussain S/o Allabux, Aged About 38 Years, R/o Damakheri, P.s. Simamau, Mandsore (M.P.). (At Present Lodged In Central Jail, Bikaner)

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

----Respondent

For Petitioner(s) : Mr. Anand Purohit, Sr. Advocate with Mr. Mayank Roy For Respondent(s) : Mr. S. S. Rajpurohit, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Order

21/04/2023

Heard learned counsel for the petitioners as well as learned

Public Prosecutor and also perused the material on record.

The petitioners have been arrested in FIR No.144/2019 of

Police Station Lohawat, District Jodhpur for the offences

punishable under Sections 8/18, 21, 25, 29, 8/21, 8/25, 8/29

[2023/RJJD/011291] (2 of 3) [CRLMB-5288/2022]

NDPS Act and 3/25 Arms Act. They have preferred these bail

applications under Section 439 Cr.P.C.

Learned counsel for the petitioners has argued that the

petitioners were arrested by the Police along with narcotic

contraband, opium weighing 1 kg and smack weighing 700 gms on

11.07.2019. It is submitted that two other co-accused persons,

namely, Iqbal and Tosim have also been apprehended along with

the petitioners, however, they have already been enlarged on bail

by a Co-ordinate Bench of this Court on 15.12.2020. Learned

counsel for the petitioners has further submitted that as per the

charge-sheet, the police has listed as many as 19 prosecution

witnesses, however till date, only 6 of them have been examined

and the petitioners are in jail from last more than three and a half

years.

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. It is also submitted by

counsel for the petitioners that though after grant of bail to the

co-accused persons Iqbal and Tosim, the bail applications of the

petitioners have been rejected by a co-ordinate Bench on

25.01.2021, however, in the light of judgment passed by the

Hon'ble Supreme Court in Mohd Muslim @ Hussain's case (supra),

the petitioners are entitled to be enlarged on bail.

[2023/RJJD/011291] (3 of 3) [CRLMB-5288/2022]

Learned Public Prosecutor has opposed the bail applications

and argued that once the bail applications of the petitioners have

been dismissed by a co-ordinate Bench of this court by a detailed

order dated 25.01.2021, no case for grant of bail is made out.

Having heard the learned counsel for the parties and after

going through the material available on record and after taking

into consideration the judgment passed by the Hon'ble Supreme

Court in Mohd Muslim @ Hussain's case (supra), I deem it just and

proper to grant bail to the accused petitioners under Section 439

Cr.P.C.

Accordingly, these bail applications filed under Section 439

Cr.P.C. are allowed and it is directed that petitioners Kayom S/o

Gani Mohammed and Jabbar Hussain S/o Allabux shall be released

on bail in connection with FIR No.144/2019 of Police Station

Lohawat, District Jodhpur provided each of them 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

5-6 - AjaySingh/-

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