Rajasthan High Court - Jodhpur
Poonama Ram vs Union Of India (2023:Rj-Jd:41771) on 2 December, 2023
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
[2023:RJ-JD:41771]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 14448/2023
Poonama Ram S/o Kana Ram, Aged About 49 Years, R/o Degaon
Tehsil Raniwara Dist. Jalore Lodged In Sub Jail Bhinmal
----Petitioner
Versus
Union Of India, Through Ncb Jodhpur
----Respondent
For Petitioner(s) : Mr. K.L. Vishnoi
For Respondent(s) : Mr. Ashok Bishnoi for Mr. M.R. Pareek,
Spl. PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
02/12/2023
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.VIIII
(IO)/11/NCB/JZU/2019 of Jodhpur NCB Police Station, District
Jodhpur for the offences punishable under Sections 8/18, 8/25,
8/29 of the NDPS Act. He has preferred this bail application under
Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that as per
the prosecution story, opium weighing 28.210 kgs was recovered
from a vehicle wherein the co-accused Smt. Leela Bai was sitting.
It is further submitted that another vehicle was also seized by the
police in which co-accused Om Prakash was sitting and escorting
the vehicle from which narcotic contraband was seized. Learned
counsel has submitted that as per the prosecution story, allegation
against the petitioner is to the effect that the said narcotic
[2023:RJ-JD:41771] (2 of 3) [CRLMB-14448/2023]
contraband was to be supplied to him. It is also submitted that
though, the earlier bail application of the petitioner was dismissed
on merits vide order dated 25.5.2023, however thereafter, a Co-
ordinate Bench of this Court has enlarged co-accused Smt. Leela
Bai and Om Prakash on bail vide order dated 30.10.2023 on the
ground of long custody. It is submitted that the petitioner is in
custody since 10.7.2019 and the prosecution is required to
examine 18 prosecution witnesses, out of which, only 2 witnesses
have been examined till date and trial of the case is likely to take
time.
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 is entitled to be enlarged on bail.
Learned Public Prosecutor has opposed the bail application.
Having heard the learned counsel for the parties, after going
through the material available on record and in view of the
judgment passed by 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.
[2023:RJ-JD:41771] (3 of 3) [CRLMB-14448/2023]
Accordingly, this bail application filed under Section 439
Cr.P.C. is allowed and it is directed that petitioner - Poonama Ram
S/o Kana Ram shall be released on bail in connection with FIR
No.VIIII (IO)/11/NCB/JZU/2019 of Jodhpur NCB Police Station,
District Jodhpur provided he executes a personal bond in a sum of
Rs.1,00,000/- 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
44-DivyaTak/-
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