Kirta Ram vs State Of Rajasthan
2023 Latest Caselaw 6591 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 9622/2023

Kirta Ram S/o Babu Lal Jat, Aged About 27 Years, R/o Bhurtiya Ps Nagana Dist. Barmer (At Present Lodged In Dist. Jail Chittorgarh)

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

----Respondent

For Petitioner(s) : Mr. Laxman Bishnoi For Respondent(s) : Mr. Mohd. Javed Gauri, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

29/08/2023

Heard learned counsel for the parties and perused the

material available on record.

The petitioner(s) has/have been arrested in FIR No.338/2017

of Police Station Sadar Nimbahera, District Chittorgarh for the

offence(s) under Section(s) 8/15 NDPS Act. He/she/they has/have

preferred this/these bail application(s) under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that as per

the prosecution story, 217 kgs of poppy straw were recovered at

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

petitioner has been arrested on 16.10.2017 and the prosecution is

required to examine 31 prosecution witnesses, out of which, only

8 witnesses have been examined till date.

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-9622/2023]

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(s) is/are entitled to be

enlarged on bail.

Learned Public Prosecutor has opposed the bail application.

Having heard learned counsel for the parties, after going

through the material available on record and keeping in view the

judgment passed by the 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

petitioner(s) under Section 439 Cr.P.C.

Accordingly, this/these bail application(s) filed under Section

439 Cr.P.C. is/are allowed and it is directed that petitioner(s) -

Kirta Ram S/o Babu Lal Jat shall be released on bail in connection

with FIR No.338/2017 of Police Station Sadar Nimbahera, District

Chittorgarh provided he/she/they execute(s) a personal bond in

the sum of Rs.50,000/- with two sound and solvent sureties of

Rs.25,000/- each to the satisfaction of learned trial court for

his/her/their 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 34-msrathore/-

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