Shanti Lal vs State Of Rajasthan
2023 Latest Caselaw 6565 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 8023/2023

Shanti Lal S/o Heera Lal, Aged About 31 Years, R/o Dewari, Tehsil Chittorgarh, District Chittorgarh. (Lodged In Sub Jail, Desuri)

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

----Respondent

For Petitioner(s) : Mr. Ashok Kumar For Respondent(s) : Mr. A.R. Choudhary, P.P.

HON'BLE MR. JUSTICE VIJAY BISHNOI Order 29/08/2023 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.189/2016 of P.S.

Rani, District Pali for the offences punishable under Sections 8/15

of NDPS Act. She has preferred this bail application under Section

439 Cr.P.C.

Learned counsel for the petitioner has submitted that as per

the prosecution story, 156.580 kgs. of poppy straw was recovered

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

petitioner is in custody since 26.10.2017 and the trial against him

has not been completed and the statements of only 1 prosecution

witness has 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

(2 of 2) [CRLMB-8023/2023]

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 petitioner Shanti Lal S/o

Heera Lal shall be released on bail in connection with FIR

No.189/2016 of P.S. Rani, District Pali 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 22-Babulal/-

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