Mahadev vs State Of Rajasthan ...
2023 Latest Caselaw 4578 Raj

[2023/RJJD/014959]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous 3rd Bail Application No. 3451/2023

1. Mahadev S/o Bheiru Gurjar, Aged About 23 Years, R/o Kodukota Dist. Bhilwara Raj. (At Present Lodged At Central Jail Hanumangarh)

2. Shiv S/o Badri Suthar, Aged About 20 Years, R/o Sawaipur Dist. Bhilwara Raj. (At Present Lodged At Central Jail Hanumangarh)

----Petitioners Versus State Of Rajasthan, Through PP

----Respondents

For Petitioner(s) : Mr. Gagandeep Mashal and Mr. Sikander Khan For Respondent(s) : Mr. S. S. Rajpurohit

HON'BLE MR. JUSTICE VIJAY BISHNOI

Order

12/05/2023

Heard learned counsel for the petitioners as well as learned

Public Prosecutor and also perused the material on record.

The petitioners have been arrested in FIR No.498/2018 of

Police Station Hanumangarh Junction, District Hanumangarh for

the offences punishable under Section 8/15 NDPS Act. They have

preferred this third bail application under Section 439 Cr.P.C.

Learned counsel for the petitioners has submitted that as per

the prosecution story, on 12.09.2017, 460 Kgs of poppy straw

have been recovered at the instance of the petitioners. It is

further submitted that charges have been framed against the

petitioners long back and as per the charge-sheet, the prosecution

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is required to examine ten witnesses, out of which, statements of

only four prosecution witnesses have been recorded till date.

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 petitioners 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 petitioners Mahadev S/o

Bheiru Gurjar and Shiv S/o Badri Suthar shall be released on

bail in connection with FIR No.498/2018 of Police Station

Hanumangarh Junction, District Hanumangarh provided each of

them 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/014959] (3 of 3) [CRLMB-3451/2023]

court on each and every date of hearing and whenever called upon

to do so till the completion of the trial.

(VIJAY BISHNOI),J

33-AjaySingh/-

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