Bhagwana Ram vs State Of Rajasthan ...
2023 Latest Caselaw 4870 Raj

[2023/RJJD/016122]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous III Bail Application No. 5526/2023

Bhagwana Ram S/o Bhura Ram, Aged About 39 Years, B/c Nayak, R/o Chak 05 Blm, Police Station Sri Vijaynagar, District Sri Ganganagar.

(At Present Lodged In Sub Jail, Anupgarh)

----Petitioner

Versus State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : None present 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.07/2020 of Police

Station Ramsinghpur, District Sriganganagar for the offences

punishable under Sections 8/22, 29 of NDPS Act. He has preferred

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

As per the prosecution story, 2500 tablets of containing

narcotic substance tramadol was recovered at the instance of the

petitioner. It is also submitted that the petitioner is in custody

since 12.01.2020 and the prosecution is required to examine 17

prosecution witnesses, out of which, statements of only 4

[2023/RJJD/016122] (2 of 2) [CRLMB-5526/2023]

witnesses have been recorded till date and trial of the case is

likely to take time.

Hon'ble the Supreme Court in Mohd Muslim @ Hussain Vs.

State (NCT of Delhi) in Special Leave Petition (Crl.)

No(s).915 of 2023, decided on 28.03.2023 has held 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 Public Prosecutor has opposed the bail application.

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 Bhagwana

Ram S/o Bhura Ram shall be released on bail in connection with

FIR No.07/2020 of Police Station Ramsinghpur, 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.

(VIJAY BISHNOI),J

38-AjaySingh/-

Powered by TCPDF (www.tcpdf.org)