Subhash vs State Of Rajasthan ...
2023 Latest Caselaw 4976 Raj

[2023/RJJD/016431]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 4575/2023

Subhash S/o Shri Mohanram, Aged About 23 Years, R/o Barjasar Ps Lohawat Dist. Jodhpur (At Present Lodged In J.c. In Central Jail Jodhpur)

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

----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 11349/2022 Ashok S/o Sh. Multanaram, Aged About 22 Years, Mandla P.s. Phalodi, Dist. Jodhpur. (Presently Lodged In Central Jail Jodhpur).

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

----Respondent

For Petitioner(s) : Mr. Bhanwaru Ram Mr. B. R. Godara For Respondent(s) : Mr. B. R. Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Order

19/05/2023 Heard learned counsel for the petitioners as well as learned

Public Prosecutor and also perused the material on record.

The petitioners have been arrested in FIR No.194/2019 of

Police Station Shergarh, District Jodhpur for the offences

punishable under Section 8/15 of the NDPS Act and Section 420,

419, 467 and 471 of IPC. They have preferred this bail application

under Section 439 Cr.P.C.

[2023/RJJD/016431] (2 of 3) [CRLMB-4575/2023]

Learned counsel for the petitioners has submitted that as per

the prosecution story, 172 Kg of poppy husk have been recovered

at the instance of the petitioners. It is also submitted that the

petitioners are in custody since 14.09.2019. It is further submitted

that the prosecution is required to examine 22 prosecution

witnesses, out of which, only 5 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 @

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 Subhash S/o

Shri Mohanram & Ashok S/o Sh. Multanaram shall be

[2023/RJJD/016431] (3 of 3) [CRLMB-4575/2023]

released on bail in connection with FIR No.194/2019 of Police

Station Shergarh, District Jodhpur 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 38-Arun/-

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