Rajasthan High Court
Ramsingh S/O Puran Singh vs State Of Rajasthan on 7 February, 2023
Bench: Narendra Singh Dhaddha
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous 2nd Bail Application No. 15558/2022
Harnam Singh @ Ravindra S/o Jagdish Singh, Aged About 35
Years, R/o Village Bakraha, Police Station Ghagga ( Punjab) ( At
Present Accused Is Confined In Sub Jail Neem Ka Thana, District
Sikar)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
Connected With
S.B. Criminal Miscellaneous 3rd Bail Application No. 15559/2022
1. Ramsingh S/o Puran Singh, Aged About 38 Years, R/o
Village Sunam, Tehsil Sunam, Police Station Suman, District
Sangrur ( Punjab) ( At Present Accused Is Confined In Sub
Jail Neem Ka Thana, District Sikar)
2. Sonu S/o Tekram, Aged About 30 Years, R/o Tohana, Tehsil
Tohana, Police Station Tohana, District Fatehabad
( Haryana) ( At Present Accused Is Confined In Sub Jail
Neem Ka Thana, District Sikar)
----Petitioners
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Sumer Singh Ola, Adv.
For Respondent(s) : Mr. Tej Prakash Sharma, Spl. P. P.
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
07/02/2023
1. The present bail applications have been filed under Section 439
Cr.P.C.in connection with FIR No.NCB/VIII (IO)4/ASZ/2015 registered at
(2 of 4) [CRLMB-15558/2022]
Police Station Narcotics Control Bureau, Ajmer for the offence(s)
under Sections 8/15, 8/25 and 8/29 of N.D.P.S. Act.
2. Learned counsel for the petitioners submits that the
petitioners have been falsely implicated in this case. They are
behind the bars since November, 2015. Similarly situated co-
accused Gurpeet Singh & Awtar Singh have been enlarged on bail
by the Co-ordinate Bench of this Court. Learned counsel for the
petitioners further submits that while enlarging the co-accused on
bail, Co-ordinate Bench of this Court clearly stated that trial has to
be culminated within a reasonable time, if not, then accused
should be enlarged on bail.
3. Learned counsel for the petitioners has placed reliance upon
the following judgments:- (1) Vikramjeet Singh Vs. State Of
Rajasthan in S.B. Criminal Miscellaneous IV Bail Application
No.15927/2022 decided on 03.02.2023;(2) Suraj Vs. State
Of Rajasthan in S. B. Criminal Miscellaneous II Bail
Application No.12906/2022 decided on 27.08.2022; (3)
Sitaram Vs. State Of Rajasthan in S. B. Criminal
Miscellaneous Second Bail Application No.6065/2022
decided on 29.09.2022; (4) Abdul Majeeb Lone Vs. Union
Territory Of Jammu and Kashmir decided on 01.08.2022;
(5) Kulwant Singh Vs. The State Of Punjab in Special Leave
to Appeal (Crl.) No.5187/2021 decided on 10.11.2021; (6)
Dheeraj Kumar Shukla Vs. The State Of U.P. in Special
Leave to Appeal (Crl.) No.6690/2022 decided on
25.01.2023; (7) Amit Singh Moni, Vs. State Of Himachal
Pradesh in Criminal Appeal No.668/2020 decided on
12.10.2020; (8) Manoj Vs. State Of Rajasthan in S. B.
(3 of 4) [CRLMB-15558/2022]
Criminal Miscellaneous IV Bail Application No.19441/2021
decided on 30.01.2023.
4. Learned Special Public Prosecutor has opposed the
arguments advanced by learned counsel for the petitioner and
submitted that the matter is at the fag end of the trial because
prosecution evidence has been completed and matter was posted
for final arguments on 11.10.2022. After that, chemical
examination report was filed by the prosecution department and
matter was posted on the application filed by the prosecution
department for exhibition of the chemical examination report but
learned counsel for the petitioner sought time. So, application filed
by the prosecution department could not be disposed of and
matter has been posted for reply and arguments on the
application filed by the prosecution department on 10.02.2023.
After that, matter will be processed expeditiously. So, bail
applications filed by the petitioners be dismissed.
4. I have considered the arguments advanced by learned
counsel for the petitioners as well as learned Public Prosecutor.
5. It is an admitted position that the trial has been completed in
this case and matter was posted for final arguments, meanwhile
chemical examination report was submitted by the prosecution
department. Counsel for the petitioners had sought time to give
reply of the application filed by the prosecution department. Trial
Court had posted the matter by giving last chance to the learned
counsel for the petitioners for filing the reply on 10.10.2023. So,
in my considered opinion, trial has been completed in this matter
and trial court is going to decide the matter as far as possible. So,
(4 of 4) [CRLMB-15558/2022]
at this stage, no ground is made out to enlarge the petitioners on
bail.
5. Consequently, these bail applications filed by the petitioners
stand dismissed.
6. However learned trial Court is directed to decide the matter
expeditiously looking to the custody period of the petitioners.
(NARENDRA SINGH DHADDHA),J
Gourav/18-19
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