Mohanlal vs State Of Rajasthan ...
2023 Latest Caselaw 1476 Raj

[2023/RJJD/004433]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 538/2023

Mohanlal S/o Dhanna Gameti, Aged About 55 Years, Kyarla, Samoli, P.s. Mandawa Dist. Udaipur (Raj.). (At Present Lodged In Central Jail, Udaipur).

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


For Petitioner(s)         :     Mr. Anuj Sahlot
For Respondent(s)         :     Mr. S. K. Bhati, PP



          HON'BLE MR. JUSTICE MADAN GOPAL VYAS

                          Judgment / Order

07/02/2023

The petitioner has been arrested in connection with FIR

No.76/2022 of Police Station Mandawa, District Udaipur for the

offence punishable under Section 8/20 NDPS Act. He has preferred

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

Learned counsel for the petitioner submits that as per the

prosecution story 645 plants of Ganja have been recovered from

the petitioner and the total weight of those plants is 357.300 Kgs.

It is submitted that as per the Note No.3 appearing below the

table appended to NDPS Act, cultivation of cannabis is covered

under Clause(c) of Section 18 of the NDPS Act and thus, the

restriction contained in Section 37 of the NDPS Act would not be

attracted to such offence. The accused-petitioner is behind bars

and the trial of the case will take time. Therefore, it is prayed that

the accused-petitioner may be enlarged on bail.

[2023/RJJD/004433] (2 of 2) [CRLMB-538/2023]

Learned Public Prosecutor has vehemently opposed the bail

application.

Having regard to the totality of the facts and circumstances

of the case, 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, the bail application filed under Sec.439 Cr.P.C. is

allowed and it is directed that petitioner Mohanlal S/o Dhanna

Gameti shall be released on bail in connection with FIR

No.76/2022 of Police Station Mandawa, District Udaipur 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.

(MADAN GOPAL VYAS),J 26-nidhi/-

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