Omaram @ Om Prakash vs State Of Rajasthan ...
2023 Latest Caselaw 4981 Raj

[2023/RJJD/016486]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 3585/2023

Omaram @ Om Prakash S/o Bhakharram @ Bhagchand, Aged About 28 Years, R/o Iramo Ki Dhani, Nousar, P.s. Matoda, Dist. Jodhpur, Raj. (Presently Lodged At Central Jail Jodhpur).

                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through PP
                                                                 ----Respondent


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



              HON'BLE MR. JUSTICE VIJAY BISHNOI

                                     Order

19/05/2023

Heard learned counsel for the petitioner as well as learned

Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.20/2016 of Police

Station Matoda, District Jodhpur for the offences punishable under

Sections 8/15 and 29 of 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, 260 kg poppy straw was recovered at the

instance of the petitioner. It is also submitted that the petitioner is

in custody since 01.09.2019 and the prosecution is required to

examine 21 prosecution witnesses, out of which, statements of

only 5 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/016486] (2 of 2) [CRLMB-3585/2023]

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 Omaram @ Om

Prakash S/o Bhakharram @ Bhagchand shall be released on

bail in connection with FIR No.20/2016 of Police Station Matoda,

District Jodhpur 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

32-AjaySingh/-

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