Rajasthan High Court - Jodhpur
Pukhraj vs State Of Rajasthan ... on 19 May, 2023
Bench: Vijay Bishnoi
[2023/RJJD/016503]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 5377/2023
Pukhraj S/o Megha Ram, Aged About 22 Years, Siyawato Ki
Dhani Vill., Chandrakh, Kherapa P.s., Dist. Jodhpur (Lodged In
Sub Jail, Jaitaran)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 10798/2022
Someshwar Kumar @ Bunti S/o Ashok Kumar Sukhwal, Aged
About 26 Years, Aajampura, P.s. Nimbahera Sadar, Dist.
Chittorgarh. (At Present Lodged In Sub Jail, Jaitaran).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
S.B. Criminal Miscellaneous Bail Application No. 755/2023
Mohan Ram S/o Shri Naina Ram, Aged About 35 Years, R/o
Tejaniya Ki Dhaniya Chandrakh Kherapa Ps Dist. Jodhpur
(Lodged In Sub Jail Jaitaran)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Vijay Raj Bishnoi
Mr. Abhishek Charan
Mr. J. K. Haniya
For Respondent(s) : Mr. B. R. Bishnoi, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
[2023/RJJD/016503] (2 of 3) [CRLMB-5377/2023]
19/05/2023
Heard learned counsel for the parties and also perused the
material on record.
The petitioners have been arrested in FIR No.71/2018 of
Police Station Raipur, District Pali for the offences punishable
under Section 8/15 of the NDPS Act. They have preferred this bail
application under Section 439 Cr.P.C.
Learned counsel for the petitioners has submitted that as per
the prosecution story, 238 Kgs of poppy husk were recovered in
the matters. It is also submitted that the petitioners are in
custody since 15.03.2018. It is further submitted that the
prosecution is required to examine 28 prosecution witnesses, out
of which, only 19 witnesses have been examined till date.
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 @
[2023/RJJD/016503] (3 of 3) [CRLMB-5377/2023]
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 petitioners under Section 439 Cr.P.C.
Accordingly, this third bail application filed under Section 439
Cr.P.C. is allowed and it is directed that petitioners Pukhraj S/o
Megha Ram, Someshwar Kumar @ Bunti S/o Ashok Kumar
Sukhwal & Mohan Ram S/o Shri Naina Ram, shall be released
on bail in connection with FIR No.71/2018 of Police Station Raipur,
District Pali provided each of them 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
47-52 & 53 -Arun/-
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