Manoj Lakhara vs State Of Rajasthan ...
2023 Latest Caselaw 4537 Raj

[2023/RJJD/014987]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 14470/2022

Sant Kumar S/o Prithvi Raj, Aged About 55 Years, R/o Dhani Chak - 14, G.g.r., Rohi, Salemgarh, Tehsil Tibbi, District Hanumangarh. (At Present Lodged In District Jail, Hanumangarh)

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

----Respondent

For Petitioner(s) : Mr. Kishan Lal Bishnoi For Respondent(s) : Mr. S. S. Rajpurohit, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Order

12/05/2023 Heard learned counsel for the parties and also perused the

material on record.

The petitioner has been arrested in FIR No.294/2018 of

Police Station Tibbi, District Hanumangarh for the offences

punishable under Sections 8/21, 22 and 29 of NDPS Act and under

Section 18C/28B(2) of Drugs and Cosmetic 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, 1 Kg 848 gms of tablets containing narcotic

substance tramadol was recovered from the possession of the

petitioner and he is in custody since 13.09.2018. It is further

submitted that the prosecution is required to examine ten

prosecution witnesses, out of which, statements of only seven

[2023/RJJD/014987] (2 of 3) [CRLMB-14470/2022]

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.

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, this bail application filed under Section 439

Cr.P.C. is allowed and it is directed that petitioner Sant Kumar

S/o Prithvi Raj shall be released on bail in connection with FIR

No.294/2018 of Police Station Tibbi, District Hanumangarh

[2023/RJJD/014987] (3 of 3) [CRLMB-14470/2022]

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 11-Arun/-

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