Rajasthan High Court - Jodhpur
Chandra Prakash vs State Of Rajasthan ... on 12 May, 2023
Bench: Vijay Bishnoi
[2023/RJJD/014962]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous V Bail Application No. 4084/2023
Chandra Prakash S/o Sh. Santram, Aged About 26 Years, W. No.
06, Nagrana, Teh. Sangaria, Dist. Hanumangarh.
(Presently Lodged In Dist. Jail, Hanumangarh).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Ashok Kumar
For Respondent(s) : Mr. S. S. Rajpurohit, 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.318/2019 of
Police Station Sangariya, District Hanumangarh for the offences
punishable under Sections 8/15 and 29 of NDPS Act. He has
preferred this fifth bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that as per
the prosecution story, 54 kg of narcotic contraband poppy straw
was recovered from the possession of the petitioner and he is in
custody since 17.07.2019. It is also submitted that the
prosecution is required to examine 17 witnesses, out of which,
[2023/RJJD/014962] (2 of 3) [CRLMB-4084/2023]
statements of only 8 prosecution 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 Chandra
Prakash S/o Sh. Santram shall be released on bail in connection
with FIR No.318/2019 of Police Station Sangariya, 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 appearance
[2023/RJJD/014962] (3 of 3) [CRLMB-4084/2023]
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
36-AjaySingh/-
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