Nena Ram vs State Of Rajasthan
2023 Latest Caselaw 6593 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 9268/2023

Nena Ram S/o Mahi Ram, Aged About 28 Years, Vishnoiyo Ka Bas, Bhaniya, P.s. Shivpura, Dist. Pali. (At Present Lodged In Dist. Jail, Pali).

                                                                   ----Petitioner
                                    Versus


State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)          :    Mr. Pawan Vishnoi

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



             HON'BLE MR. JUSTICE VIJAY BISHNOI

                          Judgment / Order

29/08/2023

Learned counsel for the parties and perused the material

available on record.

The petitioner(s) has/have been arrested in FIR No.110/2018

of Police Station Rani, District Bhilwara for the offence(s) under

Section(s) 8/15 NDPS Act, Section 307 IPC read with Section 3/25

of the Arms 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, 106 kgs of poppy straw were recovered at

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

petitioner was arrested on 19.6.2018 and the prosecution is

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

7 witnesses have been examined till date. It is also submitted that

after rejection of the earlier bail application of the petitioner on

4.7.2021, none of the witnesses has been examined by the trial

court.

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(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) -

Nena Ram S/o Mahi Ram shall be released on bail in connection

with FIR No.110/2018 of Police Station Rani, District Bhilwara

provided he/she/they execute(s) a personal bond in the sum of

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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 31-msrathore/-

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