Mahipal vs State Of Rajasthan ...
2023 Latest Caselaw 4882 Raj

[2023/RJJD/016054]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 15687/2022

Mahipal S/o Ganpat Ram, Aged About 28 Years, B/c Bishnoi, R/o Khileriyo Ki Dhani, Mandla Kallan, Police Station Phalodi, District Jodhpur. (At Present Lodged In Sub Jail, Sangaria)

----Petitioner Versus State Of Rajasthan through PP

----Respondent

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

HON'BLE MR. JUSTICE VIJAY BISHNOI Order

18/05/2023 Heard learned counsel for the parties and also perused the

material on record.

The petitioner has been arrested in FIR No.182/2019 of

Police Station Sangaria, District Hanumangarh for the offences

punishable under Sections 8/18, 25 and 29 of the 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, 5.250 Kgs of Opium was recovered at the

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

in custody since 25.04.2019 and the prosecution is required to

examine 22 prosecution witnesses, out of which, statements of

only six 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

[2023/RJJD/016054] (2 of 2) [CRLMB-15687/2022]

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 Mahipal S/o

Ganpat Ram shall be released on bail in connection with FIR

No.182/2019 of Police Station Sangaria, District Hanumangarh

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 15-Arun/-

Powered by TCPDF (www.tcpdf.org)