Gopi Ram vs State Of Rajasthan
2023 Latest Caselaw 5593 Raj

(1 of 4) [CRLMB-6920/2023]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 6920/2023

Gopi Ram S/o Bhadar Ram, Aged About 37 Years, R/o Ward No. 19, Sardar Shahar, Dist. Churu (Raj.) (At Present Lodged In Dist. Jail Hanumangarh).

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

----Respondent

For Petitioner(s) : Mr. Kuldeep Sharma. For Respondent(s) : Mr. Salim Khan, PP with Mr. Prakash Panwar, AGA.

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

04/08/2023 This application for bail under Section 439 Cr.P.C. has been

filed by the petitioner who has been arrested in connection with

F.I.R. No.262/2020 registered at Police Station Goluwala, District

Hanumangarh, for offences under Sections 8/22 and 29 of the

NDPS Act.

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submitted that as per

prosecution story, 990 tablets of Tramadol Hydrochloride weighing

367.2 gms. were recovered from co-accused Balveer Singh who

has been enlarged on bail by a coordinate Bench of this Court vide

order dated 18.05.2023 on the ground that out of total 14 cited

prosecution witnesses, statements of only 4 witnesses have been

(2 of 4) [CRLMB-6920/2023]

recorded before competent criminal court and the trial court is

therefore likely to take time.

The order dated 18.05.2023 passed in the case of Balveer

Singh from whose conscious possession contraband greater than

the commercial quantity was recovered, is reproduced herein

below for ready reference:

"Heard learned counsel for the parties and also perused the material on record.

The petitioner has been arrested in FIR No.262/2020 of Police Station Goluwala, District Hanumangarh for the offences punishable under Sections 8/22, 25 and 29 of the NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that as per the prosecution story, 990 capsule/tablets containing narcotic substance tramadol weighing 376.2 gms. were recovered at the instance of the petitioner. It is also submitted that the petitioner is in custody since 24.01.2020 and the prosecution is required to examine 14 prosecution witnesses, out of which, statements of only four witnesses have been recorded till date and trial of the case 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 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. Learned counsel for the petitioner has submitted that 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, after going through the material available on record and in view of the judgment passed by 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.

(3 of 4) [CRLMB-6920/2023]

Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Balveer S/o Shri Bhagirath shall be released on bail in connection with FIR No.262/2020 of Police Station Goluwala, District Hanumangarh 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."

Learned counsel submitted that the petitioner is in custody

since 21.10.2020 and the trial of the case is likely to consume

sufficiently long time. On these grounds, he implored the Court to

enlarge the petitioner on bail.

Per contra, learned Public Prosecutor has opposed the bail

application. However, he was not in position to refute the fact that

co-accused Balveer has already been enlarged on bail by a

coordinate Bench of this Court.

Having considered the rival submissions, facts and

circumstances of the case so also the fact that co-accused Balveer

has already been enlarged on bail, without expressing any opinion

on merits/demerits of the case, this Court is inclined to enlarge

the petitioner on bail.

Consequently, the bail application under Section 439 Cr.P.C.

is allowed. It is ordered that the accused-petitioner Gopi Ram

S/o Bhadar Ram arrested in connection with F.I.R. No.262/2020

registered at Police Station Goluwala, District Hanumangarh, shall

be released on bail, if not wanted in any other case, provided he

furnishes a personal bond of Rs.1,00,000/- and two sureties of

Rs.50,000/- each, to the satisfaction of learned trial court, for his

(4 of 4) [CRLMB-6920/2023]

appearance before that court on each & every date of hearing and

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

(KULDEEP MATHUR),J 125-Tikam/-

Powered by TCPDF (www.tcpdf.org)