Phoolchand @ Manphool vs State Of Rajasthan
2023 Latest Caselaw 6594 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 8887/2023

Phoolchand @ Manphool S/o Kashmiri Lal, Aged About 24 Years, R/o Jalauki, P.s. Padampur, District Sri Ganganagar , Rajasthan. (At Present Lodged At Sub Jail, Anoopgarh)

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

----Respondent

For Petitioner(s) : Mr. Baltej Singh Sandhu 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.266/2019

of Police Station Padampur, District Sri Ganganagar for the

offence(s) under Section(s) 8/22 and 29 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, tablets weighing 9 kgs containing narcotic

substance tramadol have been recovered at the instance of the

petitioner. It is further submitted that the petitioner was arrested

on 6.12.2019 and the prosecution is required to examine 18

prosecution witnesses, out of which, only 1 witnesses have been

examined till date.

(2 of 3) [CRLMB-8887/2023]

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) -

Phoolchand @ Manphool S/o Kashmiri Lal shall be released on bail

in connection with FIR No.266/2019 of Police Station Padampur,

District Sri Ganganagar 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

(3 of 3) [CRLMB-8887/2023]

and every date of hearing and whenever called upon to do so till

the completion of the trial.

(VIJAY BISHNOI),J 29-msrathore/-

Powered by TCPDF (www.tcpdf.org)