Rajasthan High Court - Jodhpur
Mohan Ram vs State Of Rajasthan ... on 18 May, 2023
Bench: Vijay Bishnoi
[2023/RJJD/016068]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous II Bail Application No. 9963/2022
Mohan Ram S/o Bagdu Ram, Aged About 35 Years, R/o Khidrat
PS Baap Dist. Jodhpur
(At Present Lodged In Sub Jail Phalodi)
----Petitioner
Versus
State Of Rajasthan, Through The PP
----Respondent
For Petitioner(s) : Mr. Ashok 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.225/2019 of
Police Station Baap, District Jodhpur for the offences punishable
under Sections 8/15, 29 of NDPS Act. He has preferred this
second bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that as per
the prosecution story, 662.400 Kg of poppy straw was recovered
from an abandoned house. It is also submitted that the petitioner
is in custody since 20.06.2020 and the prosecution is required to
examine 28 prosecution witnesses, out of which, statements of
[2023/RJJD/016068] (2 of 3) [CRLMB-9963/2022]
only 2 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 Mohan Ram
S/o Bagdu Ram shall be released on bail in connection with FIR
No.225/2019 of Police Station Baap, District Jodhpur 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
[2023/RJJD/016068] (3 of 3) [CRLMB-9963/2022]
and every date of hearing and whenever called upon to do so till
the completion of the trial.
(VIJAY BISHNOI),J
6-AjaySingh/-
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