Rajasthan High Court - Jodhpur
Nanak Singh @ Raju vs State Of Rajasthan ... on 12 May, 2023
Bench: Vijay Bishnoi
[2023/RJJD/014965]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous III Bail Application No. 5111/2023
Nanak Singh @ Raju S/o Shri Manga Singh, Aged About 31
Years, R/o 4 MSR, Tehsil Anoopgarh, District Sri Ganganagar. (At
Present Lodged In Sub Jail, Anoopgarh)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. D. S. Thind
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.208/2019 of
Police Station Annopgarh, District Sri Ganganagar for the offences
punishable under Sections 8/22 of NDPS Act. He has preferred this
third bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that as per
the prosecution story, 1010 tablets weighing around 404 gms of
narcotic contraband tramadol ware recovered from the possession
of the petitioner and he is in custody since 20.04.2019. It is also
submitted that the prosecution is required to examine 14
witnesses, out of which, statements of only 5 prosecution
[2023/RJJD/014965] (2 of 3) [CRLMB-5111/2023]
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.
Accordingly, this bail application filed under Section 439
Cr.P.C. is allowed and it is directed that petitioner Nanak Singh @
Raju S/o Shri Manga Singh shall be released on bail in
connection with FIR No.208/2019 of Police Station Annopgarh,
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/- each to the satisfaction of learned trial court for his
[2023/RJJD/014965] (3 of 3) [CRLMB-5111/2023]
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
42-AjaySingh/-
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