Bashir Khan vs State Of Rajasthan ...
2023 Latest Caselaw 4969 Raj

[2023/RJJD/016519]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 5530/2023 Bashir Khan S/o Mohammadin, Aged About 30 Years, R/o Taliwala, Jaitpur, Police Station Mahajan, District Bikaner. (At Present Lodged In Central Jail, Bikaner)

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

----Respondent

For Petitioner(s) : Mr. Kulwant Singh 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.104/2018 of

Police Station Mahajan, District Bikaner for the offences

punishable under Sections 8/21, 8/22 of the NDPS Act and

18(C)/27(B)(2) of Drugs and Cosmetics 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, 1590 Parvorin Spas Capsules/ tablets

containing narcotic substance tramadol weighing around 159 gms

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

submitted that the petitioner is in custody since 10.12.2018 and

the prosecution is required to examine 13 prosecution witnesses,

out of which, statements of only five witnesses have been

recorded till date and trial of the case is likely to take time.

[2023/RJJD/016519] (2 of 2) [CRLMB-5530/2023]

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 Bashir Khan

S/o Mohammadin shall be released on bail in connection with

FIR No.104/2018 of Police Station Mahajan, District Bikaner

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 48-Arun/-

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