Rajasthan High Court - Jodhpur
Tota Singh vs State Of Rajasthan ... on 29 August, 2023
Bench: Vijay Bishnoi
[2023:RJ-JD:27494]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Fourth Bail Application No. 10400/2023
Tota Singh S/o Late Shri Jeet Singh, Aged About 42 Years, R/o
Piyori, Police Station Gidarbah, District Mukhtsar (Punjab).
(At present lodged in Central Jail, Bikaner).
----Petitioner
Versus
State of Rajasthan through Public Prosecutor
----Respondent
For Petitioner(s) : Mr. Ashok Kumar
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.2/2019 of Police
Station GRP BIkaner, District Bikaner for the offences punishable
under Sections 8/21 and 22 of NDPS Act and Section
18(C)/27(B)(11) of Drugs and Cosmetics Act. He has preferred
this fourth 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 25.11.2022. It is also submitted that as per the prosecution
story, total 2400 and 2100 tablets containing huge quantity of
narcotic substance Tramadol and Alprazolam respectively have
been recovered from the petitioner. It is further submitted that the
petitioner was arrested on 06.01.2019 and as per the
[2023:RJ-JD:27494] (2 of 3) [CRLMB-10400/2023]
charge-sheet, the prosecution is required to examine total 11
witnesses, however, out of which only 2 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 fourth bail application filed under Section
439 Cr.P.C. is allowed and it is directed that petitioner - Tota
Singh S/o Late Shri Jeet Singh shall be released on bail in
connection with FIR No.2/2019 of Police Station GRP BIkaner,
District Bikaner 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
[2023:RJ-JD:27494] (3 of 3) [CRLMB-10400/2023]
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.39
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