Bhanwar Lal vs State Of Rajasthan ...
2023 Latest Caselaw 1702 Raj

[2023/RJJD/005062]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1893/2023

Bhanwar Lal S/o Kana Ram, Aged About 62 Years, R/o Musaliya, Police Station Sojat Road, District Pali. (At Present Lodged In Sub Jail, Sojat)

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

----Respondent

For Petitioner(s) : Mr. Devendra Sanwalot For Respondent(s) : Mr. S. K. Bhati, PP

HON'BLE MR. JUSTICE MADAN GOPAL VYAS Judgment / Order

13/02/2023

The petitioner has been arrested in connection with FIR

No.23/2023, of Police Station Sojat Road, District Pali for the

offence punishable under Section 8/18 of 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 284 plants of Ganja have been recovered from

the petitioner. 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.

Learned Public Prosecutor has vehemently opposed the bail

application.

[2023/RJJD/005062] (2 of 2) [CRLMB-1893/2023]

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 Bhanwar Lal S/o Kana

Ram shall be released on bail in connection with FIR No.23/2023

of Police Station Sojat Road, District Pali 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 81-nidhi/-

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