Mohan Lal vs State Of Rajasthan ...
2023 Latest Caselaw 4967 Raj

[2023/RJJD/016535]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 5707/2023

Mohan Lal S/o Shri Ramswaroop, Aged About 52 Years, R/o Ward No. 9, Dungarsinghpura, Police Station Lalgarh Jatan, District Sri Ganganagar. (At Present Lodged In Central Jail, Sri Gangnagar)

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. D. S. Thind For Respondent(s) : Mr. B. R. Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI Order

19/05/2023

Heard learned counsel for the parties and also perused the

material on record.

The petitioner has been arrested in FIR No.83/2019 of Police

Station Lalgarh Jatan, District Sri Ganganagar for the offences

punishable under Sections 8/22 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, 3200 tablets of Treecan-SR containing

narcotic substance tramadol weighing around 1020 gms was/were

recovered at the instance of the petitioner. It is also submitted

that the petitioner is in custody since 28.04.2019 and the

prosecution is required to examine 11 prosecution witnesses, out

of which, statements of only three 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/016535] (2 of 2) [CRLMB-5707/2023]

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 Lal S/o

Shri Ramswaroop shall be released on bail in connection with

FIR No.83/2019 of Police Station Lalgarh Jatan, 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

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 50-Arun/-

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