Parsaram @ Paras vs State Of Rajasthan ...
2023 Latest Caselaw 4867 Raj

[2023/RJJD/016147]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Miscellaneous III Bail Application No. 5839/2023

Parsaram @ Paras S/o Shri Babulal, Aged About 34 Years, R/o Ramnagar Panchayat Kapreda Ps Bilada Dist. Jodhpur (At Present Lodged In Dist. Jail Bhilwara)

----Petitioner Versus

State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. Mahipal Bishnoi For Respondent(s) : Mr. Arun Kumar, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Order

18/05/2023

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.35/2019 of Police

Station Pur, District Bhilwara, for the offences punishable under

Section 8/15 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, 1728.700 kgs of poppy straw was recovered

at the instance of the petitioner. It is also submitted that the

petitioner is in custody since 24.02.2019 and the prosecution is

required to examine 28 prosecution witnesses, out of which,

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statements of only 9 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 Parsaram @

Paras S/o Shri Babulal shall be released on bail in connection

with FIR No.35/2019 of Police Station Pur, District Bhilwara,

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

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

to do so till the completion of the trial.

(VIJAY BISHNOI),J

47-AjaySingh/-

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