Rajasthan High Court - Jodhpur
Ajayab Singh vs State Of Rajasthan ... on 18 May, 2023
Bench: Vijay Bishnoi
[2023/RJJD/016173]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous II Bail Application No. 5642/2023
Ajayab Singh S/o Gurjant Singh, Aged About 32 Years,
Jhotawali, P.s. Mukalawa, Dist. Sriganganagar. (Presently Lodged
In Sub Jail Raisinghnagar, Dist. Sri Ganganagar).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
Connected With
S.B. Criminal Miscellaneous IV Bail Application No. 3939/2023
Pawan Kumar S/o Sh. Krishan Lal, Aged About 33 Years, R/o
Chotawali Police Station Moklawa, Distt. Sri Ganganagar (Raj.)
(Presently Lodged In Sub Jail, Raisinghnagar)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Awar Dan Ujjawal
Mr. Kaushal Gautam
For Respondent(s) : Mr. Arun Kumar, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
18/05/2023
S.B. Criminal Miscellaneous II Bail Application
No. 5642/2023
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.41/2019 of Police
Station Mukalawa, District Sriganganagar for the offences
punishable under Sections 8/21, 22, 25 and 29 of NDPS Act. He
[2023/RJJD/016173] (2 of 5) [CRLMB-5642/2023]
has preferred this second bail application under Section 439
Cr.P.C.
Learned counsel for the petitioner has submitted that as per
the prosecution story, the Police has recovered 1000 tablets
containing narcotic substance tramadol weighing around 400.40
gms at the instance of the petitioner. It is also submitted that the
petitioner is in custody since 26.03.2019 and though all the
prosecution witnesses have been examined, but on the application
filed on behalf of the prosecution, the Seizure Officer is re-
summoned by the trial court on 05.12.2022, but despite several
dates, the Seizure Officer has not appeared before the trial court.
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
[2023/RJJD/016173] (3 of 5) [CRLMB-5642/2023]
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 Ajayab Singh
S/o Gurjant Singh shall be released on bail in connection with
FIR No.41/2019 of Police Station Mukalawa, District Sriganganagar
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.
S.B. Criminal Miscellaneous IV Bail Application
No. 3939/2023
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.41/2019 of Police
Station Mukalawa, District Sriganganagar for the offences
punishable under Sections 8/21, 22, 25 and 29 of 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, the Police has recovered 1000 tablets
containing narcotic substance tramadol weighing around 400.40
gms at the instance of co-accused Ajayab Singh. It is also
submitted that the petitioner is in custody since 26.04.2019 and
as per the prosecution story, the said narcotic contraband was
supplied to the petitioner by co-accused Ajayab Singh. It is further
[2023/RJJD/016173] (4 of 5) [CRLMB-5642/2023]
submitted that though all the prosecution witnesses have been
examined, but on the application filed on behalf of the
prosecution, the Seizure Officer is re-summoned by the trial court
on 05.12.2022, but despite several dates, the Seizure Officer has
not appeared before the trial court.
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 Pawan Kumar
S/o Sh. Krishan Lal shall be released on bail in connection with
FIR No.41/2019 of Police Station Mukalawa, District Sriganganagar
provided he executes a personal bond in a sum of Rs.1,00,000/-
[2023/RJJD/016173] (5 of 5) [CRLMB-5642/2023]
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
44-AjaySingh/-
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