Shaukat Ali vs State Of Rajasthan
2023 Latest Caselaw 6564 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 8316/2023

1. Shaukat Ali S/o Roshan Khan, Aged About 30 Years, R/o Koopkalla Ahmedgarh Ps Dist. Sangrur Punjab (Lodged In Sub Jail Rajgarh)

2. Shahnawaz S/o Shri Nek Mohd, Aged About 32 Years, R/o Koopkalla Ahmedgarh Ps Dist. Sangrur Punjab (Lodged In Sub Jail Rajgarh)

----Petitioners Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. B. Ray. Bishnoi For Respondent(s) : Mr. A.R. Choudhary, P.P.

HON'BLE MR. JUSTICE VIJAY BISHNOI

Order

29/08/2023 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.326/2018 of

Sujangarh Police Station, District Churu for the offences

punishable under Sections 8/15, 8/25 & 8/29 of NDPS Act. They

have preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioners has submitted that as per

the prosecution story, 262.600 ks of poppy straw was recovered at

the instance of the petitioner. It is also submitted that the

petitioners are in custody since 14.11.2018 and the prosecution is

required to examine 15 prosecution witnesses, out of which,

(2 of 3) [CRLMB-8316/2023]

statements of only 9 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.

Accordingly, this bail application filed under Section 439

Cr.P.C. is allowed and it is directed that petitioners No.1 Shaukat

Ali S/o Roshan Khan and No.2 Shahnawaz S/o Shri Nek

Mohd shall be released on bail in connection with FIR

No.326/2018 of Sujangarh Police Station, District Churu 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 their/his appearance before

(3 of 3) [CRLMB-8316/2023]

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 23-Babulal/-

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