Rajasthan High Court - Jodhpur
Balvinder Singh vs State Of Rajasthan ... on 18 May, 2023
Bench: Vijay Bishnoi
[2023/RJJD/016088]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Fourth Bail Application No. 4200/2023
Balvinder Singh S/o Shri Dalip Singh, Aged About 47 Years, R/o
Ward No.6, 365 Head, Police Station Rawla, District
Sriganganagar.
(At present lodged in Sub Jail, Anoopgarh).
----Petitioner
Versus
The State of Rajasthan through Public Prosecutor
----Respondent
For Petitioner(s) : Mr. D.S. Thind
For Respondent(s) : Mr. Arun Kumar, Public Prosecutor
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.130/2018 of
Police Station Rawla, District Sri Ganganagar for the offences
punishable under Sections 8/21, 22 and 29 of NDPS Act. He has
preferred this fourth bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that the
earlier bail application of the petitioner was rejected by this Court
on 27.11.2019. It is also submitted that as per the prosecution
story, the petitioner was apprehended by the police on 23.09.2018
and recovered 2000 Fortadol-DM tablets containing narcotic
substance Tramadol weighing 1200 grams illegally. It is further
submitted that the petitioner was arrested on 24.09.2018 and as
[2023/RJJD/016088] (2 of 3) [CRLMB-4200/2023]
per the charge-sheet, the prosecution is required to examine total
16 witnesses, however, out of which only 7 have been examined
till date.
Learned counsel for the petitioner has placed reliance on the
decision dated 28.03.2023 rendered by the Hon'ble Supreme
Court in Mohd Muslim @ Hussain Vs. State (NCT of Delhi)
[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. It is
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 and after
going through the material available and in view of the judgment
passed by the 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 fourth bail application filed under Section
439 Cr.P.C. is allowed and it is directed that petitioner - Balvinder
Singh S/o Shri Dalip Singh shall be released on bail in
connection with FIR No.130/2018 of Police Station Rawla, District
Sri Ganganagar 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
[2023/RJJD/016088] (3 of 3) [CRLMB-4200/2023]
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
Abhishek Kumar
S.No.28
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