Suresh Kumar vs State Of Rajasthan ...
2023 Latest Caselaw 4535 Raj

[2023/RJJD/014974]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 5689/2023

Suresh Kumar S/o Shri Ratan Ram, Aged About 25 Years, B/c Bishnoi, R/o Halivav, Chitalwana Police Station, District Jalore. (Lodged In District Jail, Sirohi)

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

----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 10517/2022 Ramesh Kumar S/o Sh. Jabra Ram, Aged About 20 Years, B/c Bishnoi, R/o Royala, P.s. Dhorimanna, Dist. Barmer (Raj.). (In Judicial Custody At Dist. Jail, Sirohi).

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

----Respondent

For Petitioner(s) : Mr. J. S. Choudhary, Sr. Adv.

assisted by Mr. Pradeep Choudhary Mr. Kishan Lal Bishnoi For Respondent(s) : Mr. Javed Gauri, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Order

12/05/2023 Heard learned counsel for the petitioners as well as learned

Public Prosecutor and also perused the material on record.

The petitioners have been arrested in FIR No.02/2019 of

Police Station Kalandri, District Sirohi for the offences punishable

under Sections 8/15 of the NDPS Act. They have preferred this

bail application under Section 439 Cr.P.C.

[2023/RJJD/014974] (2 of 3) [CRLMB-5689/2023]

Learned counsel for the petitioners has submitted that as per

the prosecution story, 1 quinttal 58 kgs 100 gms of narcotic

contraband Ganja was recovered from the possession of the

petitioner and he is in custody since 05.08.2019. It is further

submitted that the prosecution is required to examine thirty two

witnesses, out of which, statements of only twenty witnesses have

been recorded 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.

Having regard to the totality of the facts and circumstances

of the case, without expressing any opinion on the merits of the

[2023/RJJD/014974] (3 of 3) [CRLMB-5689/2023]

case, I deem it just and proper to grant bail to the accused

petitioners under Section 439 Cr.P.C.

Accordingly, this bail application filed under Section 439

Cr.P.C. is allowed and it is directed that petitioners Suresh Kumar

S/o Shri Ratan Ram & Ramesh Kumar S/o Sh. Jabra Ram

shall be released on bail in connection with FIR No.02/2019 of

Police Station Kalandri, District Sirohi provided each of them

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 45-Arun/-

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