Sajanram vs State Of Rajasthan ...
2023 Latest Caselaw 4979 Raj

[2023/RJJD/016397]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 4007/2023

Sajanram S/o Shri Hariram, Aged About 36 Years, R/o 11 Sjm, Police Station Samejakoti, Dist. Sri Ganganagar.(Presently Lodged At Sub Jail, Raisinghnagar)

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

----Respondent

For Petitioner(s) : None present For Respondent(s) : Mr. B. R. Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI Order

19/05/2023 Heard.

The petitioner has been arrested in FIR No.95/2019 of Police

Station Sameja Kothi, District Sriganganagar for the offences

punishable under Sections 8/22 of NDPS Act. He has preferred this

third bail application under Section 439 Cr.P.C.

As per the prosecution story, 750 tablets of containing

narcotic substance tramadol was recovered at the instance of the

petitioner. It is also submitted that the petitioner is in custody

since 11.06.2019 and the prosecution is required to examine 11

prosecution witnesses, out of which, statements of only five

witnesses have been examined till date and trial of the case is

likely to take time.

Hon'ble the Supreme Court in Mohd Muslim @ Hussain Vs.

State (NCT of Delhi) in Special Leave Petition (Crl.)

No(s).915 of 2023, decided on 28.03.2023 has held that delay

[2023/RJJD/016397] (2 of 2) [CRLMB-4007/2023]

in trial can also be considered for releasing accused person on bail

despite the restrictions imposed under Section 37 of the NDPS

Act.

Learned Public Prosecutor has opposed the bail application.

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 Sajanram S/o

Shri Hariram shall be released on bail in connection with FIR

No.95/2019 of Police Station Sameja Kothi, District Sriganganagar

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 34-Arun/-

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