Ganpat Lal vs State Of Rajasthan ...
2023 Latest Caselaw 4868 Raj

[2023/RJJD/016139]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Miscellaneous IV Bail Application No. 5614/2023

Ganpat Lal S/o Khamu Ram, Aged About 25 Years, Bherudi, Tehsil Sedwa, District Barmer.

(Presently Lodged In Dist. Jail Barmer)

----Petitioner Versus

State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. Vikas Bijarnia 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.292/2018 of

Police Station Dhorimanna, District Barmer for the offences

punishable under Sections 8/15 of NDPS Act and 471 of IPC. He

has preferred this fourth bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that as per

the prosecution story, 180 kgs of poppy straw was recovered at

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

petitioner is in custody since 03.12.2018 and the prosecution is

required to examine 34 prosecution witnesses, out of which,

[2023/RJJD/016139] (2 of 3) [CRLMB-5614/2023]

statements of only 13 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 Ganpat Lal S/o

Khamu Ram shall be released on bail in connection with FIR

No.292/2018 of Police Station Dhorimanna, District Barmer

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

[2023/RJJD/016139] (3 of 3) [CRLMB-5614/2023]

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

to do so till the completion of the trial.

(VIJAY BISHNOI),J 41-Ajaysingh/-

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