Sonaram Dewasi vs State Of Rajasthan ...
2023 Latest Caselaw 4545 Raj

[2023/RJJD/014976]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 11269/2022

Dinesh Dewasi S/o Banna Ram Dewasi, Aged About 27 Years, R/o Kapuri Dhani Raipur Ps Dist. Pali (Lodged In Dist. Jail Bhilwara)

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

----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 6713/2022 Sonaram Dewasi S/o Shri Senthiram @ Hetidram Dewasi, Aged About 45 Years, R/o Sandiya Ps Sojat City Dist. Pali Raj. (Presently Lodged At Dist. Jail Bhilwara)

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

----Respondent

For Petitioner(s) : Mr. Dilip Singh Rathore Mr. Mahaveer 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 petitioners have been arrested in FIR No.197/2019 of

Police Station Mandal, District Bhilwara for the offences punishable

under Sections 8/15, 8/29 and 8/25 of NDPS Act. They have

preferred these bail applications under Section 439 Cr.P.C.

[2023/RJJD/014976] (2 of 3) [CRLMB-11269/2022]

Learned counsel for the petitioners have submitted that as

per the prosecution story, 120 Kg 350 gms of narcotic contraband

poppy straw was recovered from the possession of the petitioners

and they are in custody since 07.09.2019. It is submitted that the

prosecution is required to examine twenty prosecution witnesses,

out of which, statements of only nine 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/014976] (3 of 3) [CRLMB-11269/2022]

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

petitioners under Section 439 Cr.P.C.

Accordingly, these bail applications filed under Section 439

Cr.P.C. are allowed and it is directed that petitioners Dinesh

Dewasi S/o Banna Ram Dewasi & Sonaram Dewasi S/o Shri

Senthiram @ Hetidram Dewasi shall be released on bail in

connection with FIR No.197/2019 of Police Station Mandal, District

Bhilwara 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 6-7-Arun/-

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