Shankar Lal vs State Of Rajasthan ...
2023 Latest Caselaw 4542 Raj

[2023/RJJD/015002]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 15614/2022

Shankar Lal S/o Sh. Sultanram, Aged About 23 Years, W.no. 06, Rambagh, Teh. Loonkaransar, Dist. Bikaner, Raj. (At Present Lodged In Sub Jail, Suratgarh, Dist. Sri Ganganagar).

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


For Petitioner(s)          :     Mr. Rajesh Panwar
For Respondent(s)          :     Mohd. Javed Gauri, 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.34/2020 of Police

Station Suratgarh, District Sri Ganganagar for the offences

punishable under Sections 8/22 of NDPS 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, tablets containing narcotic substance

tramadol weighing 1 kg was recovered from the possession of the

petitioner and he is in custody since 16.02.2020. It is further

submitted that the prosecution is required to examine twelve

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

been recorded till date and trial of the case is likely to take time.

[2023/RJJD/015002] (2 of 3) [CRLMB-15614/2022]

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 Shankar Lal

S/o Sh. Sultanram shall be released on bail in connection with

FIR No.34/2020 of Police Station Suratgarh, District Sri

Ganganagar provided he executes a personal bond in a sum of

Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/-

[2023/RJJD/015002] (3 of 3) [CRLMB-15614/2022]

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 17-Arun/-

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