Rajasthan High Court - Jodhpur
Pankaj vs State Of Rajasthan ... on 12 May, 2023
Bench: Vijay Bishnoi
[2023/RJJD/014996]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Third Bail Application No. 5490/2023
Pankaj S/o Badri Lal, Aged About 30 Years, R/o Badi, P.S. Sadar
Nimbahera, District Chittorgarh (Raj.).
(At Present Lodged In District Jail, Pratapgarh).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Vijay Kumar Gaur
For Respondent(s) : Mr. Mohd. Javed Gauri, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
12/05/2023
Heard learned counsel for the petitioner as well as learned
Public Prosecutor and also perused the material on record.
The petitioner has been arrested in FIR No.135/2019 of
Police Station Chhoti Sadari, District Pratapgarh for the offences
punishable under Sections 8/15 and 29 NDPS Act. He has
preferred this third bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that the
earlier bail application of the petitioner was rejected by this Court
on 21.01.2021. It is also submitted that as per the prosecution
story, the petitioner was apprehended while transporting narcotic
contraband poppy straw weighing 235 kgs. illegally. It is further
submitted that the petitioner was arrested on 24.05.2019 and as
per the charge-sheet, the prosecution is required to examine total
[2023/RJJD/014996] (2 of 3) [CRLMB-5490/2023]
22 witnesses, however, out of which only 8 have been examined
till date.
Learned counsel for the petitioner has placed reliance on the
decision dated 28.03.2023 rendered by the Hon'ble Supreme
Court in Mohd Muslim @ Hussain Vs. State (NCT of Delhi)
[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. It is
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 and after
going through the material available and in view of the judgment
passed by the 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.
Accordingly, this third bail application filed under Section 439
Cr.P.C. is allowed and it is directed that petitioner - Pankaj S/o
Badri Lal shall be released on bail in connection with FIR
No.135/2019 of Police Station Chhoti Sadari, District Pratapgarh
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
[2023/RJJD/014996] (3 of 3) [CRLMB-5490/2023]
court on each and every date of hearing and whenever called upon
to do so till the completion of the trial.
(VIJAY BISHNOI),J
Abhishek Kumar
S.No.26
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