Kashi Ram vs State Of Rajasthan ...
2023 Latest Caselaw 4566 Raj

[2023/RJJD/015008]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Second Bail Application No. 5341/2023

Kashi Ram S/o Shri Hanuman Prasad, Aged About 29 Years, R/o Chak 11 MWM, Police Station Pilibanga, District Hanumangarh (Raj.).

(At present lodged in District Jail, Hanumangarh).

----Petitioner Versus The State of Rajasthan through thePublic Prosecutor

----Respondent

For Petitioner(s) : Ms. Priya Bishnoi For Respondent(s) : Mr. Mohd. Javed Gauri, P.P.

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.53/2019 of Police

Station Goluwala, District Hanumangarh for the offences

punishable under Sections 8/21 and 22 of NDPS Act. He has

preferred this 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 13.05.2019. It is also submitted that as per the prosecution

story, the petitioner was apprehended while transporting 5900

Parvorin-Spas capsules containing narcotic substance Tramadol

Hydrochloride weighing 3658 grams illegally. It is further

submitted that the petitioner was arrested on 03.03.2019 and as

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per the charge-sheet, the prosecution is required to examine total

24 witnesses, however, out of which only 5 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 bail application filed under Section 439

Cr.P.C. is allowed and it is directed that petitioner - Kashi Ram

S/o Shri Hanuman Prasad shall be released on bail in

connection with FIR No.53/2019 of Police Station Goluwala,

District Hanumangarh 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

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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

Abhishek Kumar S.No.25

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