Madanlal vs State Of Rajasthan ...
2023 Latest Caselaw 4987 Raj

[2023/RJJD/016412]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous II Bail Application No. 16401/2022

Madanlal S/o Sh. Sawa Ram, Aged About 25 Years, Daabud, P.S. Gudamalani, Dist. Barmer. (Presently Lodged In Sub Jail, Bali).

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


For Petitioner(s)         :     Mr. Suresh Kumbhat
For Respondent(s)         :     Mr. Arun Kumar, 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.105/2020 of

Police Station Rani, District Pali for the offences punishable under

Sections 8/15 and 25 of NDPS Act. He has preferred this second

bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that as per

the prosecution story, 400 kgs of poppy husk was recovered at the

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

in custody since 26.06.2020 and the prosecution is required to

examine 22 prosecution witnesses, out of which, statements of

only 3 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/016412] (2 of 2) [CRLMB-16401/2022]

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 Madanlal S/o

Sh. Sawa Ram shall be released on bail in connection with FIR

No.105/2020 of Police Station Rani, District Pali 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

17-AjaySingh/-

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