Rawalram @ Rahulram vs State Of Rajasthan ...
2023 Latest Caselaw 4576 Raj

[2023/RJJD/015007]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 3578/2023

Rawalram @ Rahulram S/o Sh. Chainaram, Aged About 42 Years, B/c Vishnoi, R/o Vinayakpura Bhawad, P.s. Karwad Dist. Jodhpur. (Presently Lodged In Central Jail, Jodhpur).

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


For Petitioner(s)          :     Mr. B. R. Godara
For Respondent(s)          :     Mohd. Javed Gauri, 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 petitioner has been arrested in FIR No.98/2015 of Police

Station Dangiyawas, District Jodhpur for the offences punishable

under Sections 8/18 and 29 of the NDPS Act. He has preferred this

bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that as per

the prosecution story, 9 kgs 450 gms of narcotic contraband

opium have been recovered by police from abandoned vehicle. The

police arrested one Sharawan Kumar alleging that he was the

owner of the vehicle, from which, the narcotic contraband was

recovered. It is further submitted that on the basis of statements

of Sharawan Kumar, the petitioner was made accused in the case.

It is also submitted that the petitioner is in custody since

[2023/RJJD/015007] (2 of 3) [CRLMB-3578/2023]

14.12.2018 and the prosecution is required to examine thirty two

prosecution witnesses, out of which, statements of only twenty

five witnesses have been examined till date. It is also submitted

that a Co-ordinate Bench of this Court has already enlarged co-

accused person namely Sharwan Kumar vide order dated

23.07.2018. Learned counsel for the petitioner has submitted that

looking to the custody period of the petitioner and taking into

consideration of the fact that co-accused has already been

enlarged on bail, the petitioner may also be granted bail.

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.

[2023/RJJD/015007] (3 of 3) [CRLMB-3578/2023]

Having regard to the totality of the facts and circumstances

of the case, 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 Rawalram @

Rahulram S/o Sh. Chainaram shall be released on bail in

connection with FIR No.98/2015 of Police Station Dangiyawas,

District Jodhpur 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 court on each and every date of hearing and whenever

called upon to do so till the completion of the trial.

(VIJAY BISHNOI),J 21-Arun/-

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