Ravi Kumar @ Sunder vs State Of Rajasthan ...
2023 Latest Caselaw 6597 Raj

[2023:RJ-JD:27493]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Third Bail Application No. 10465/2023

Ravi Kumar @ Sunder S/o Shri Chandu Ram, Aged About 42 Years, R/o Ward No.17, Mandi Pilibanga, Police Station Pilibangan, District Hanumangarh (Raj.). (At present lodged in District Jail, Hanumangarh).

----Petitioner Versus The State of Rajasthan through Public Prosecutor

----Respondent

For Petitioner(s) : Ms. Priya Bishnoi For Respondent(s) : Mr. Mohd. Javed Gauri, 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.532/2018 of

Police Station Pilibanga, District Hanumangarh for the offences

punishable under Sections 8/21, 22, 25, 29 of NDPS Act and

Section 18(c)/27B(TT) of Drugs and Cosmetics Act. He has

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

Learned counsel for the petitioner has submitted that the

earlier bail application of the petitioner was rejected by this Court

on 12.05.2023. It is also submitted that as per the prosecution

story, the petitioner was apprehended while possessing 15000

TRIO-SR tablets and 14000 PARVORIN-SPAS tablets containing

narcotic substance Tramadol weighing 6000 gram and 8890 gram

[2023:RJ-JD:27493] (2 of 3) [CRLMB-10465/2023]

respectively and 90 vials of ONEREX Cough Syrup containing

narcotic substance Codeine Phosphate weighing 11070 grams

illegally. It is further submitted that the petitioner was arrested on

09.10.2018 and as per the charge-sheet, the prosecution is

required to examine total 14 witnesses, however, out of which

only 6 have been examined till date. It is also submitted that the

trial of the case will take time.

Learned counsel for the petitioner has placed reliance on the

decision dated 28.03.2023 rendered by the Hon'ble Supreme

Court in Mohd Muslim @ Hussain Vs. State (NCT of Delhi)

[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. It is

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 and after

going through the material available and in view of 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

accused petitioner under Section 439 Cr.P.C.

Accordingly, this third bail application filed under Section 439

Cr.P.C. is allowed and it is directed that petitioner - Ravi Kumar

@ Sunder S/o Shri Chandu Ram shall be released on bail in

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connection with FIR No.532/2018 of Police Station Pilibanga,

District Hanumangarh provided he executes a personal bond in a

sum of Rs.100,000/- 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

Abhishek Kumar S.No.40

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