Mahadev vs State Of Rajasthan ...
2023 Latest Caselaw 5291 Raj

[2023/RJJD/017396]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 6286/2023

Mahadev S/o Sharvan Ram, Aged About 24 Years, R/o Ram Bagh Police Station Mahajan, District Bikaner. (At Present In Central Jail, Sri Ganganagar)

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

----Respondent

For Petitioner(s) : Mr. Jitendra Ojha For Respondent(s) : Mr. Arun Kumar, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

25/05/2023

Heard learned counsel for the parties and perused the

material on record.

The petitioner has been arrested in FIR No.34/2020 of Police

Station Suratgarh Sadar, Distt. Sri Ganganagar for the offences

punishable under Sections 8/22 of the 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, 2500 tablets containing narcotic substance

tramadol weighing 440 gms were recovered at the instance of the

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

since 16.2.2020 and the prosecution is required to examine 12

prosecution witnesses, out of which, only 3 witnesses have been

examined 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/017396] (2 of 2) [CRLMB-6286/2023]

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 - Mahadev S/o

Sharvan Ram shall be released on bail in connection with FIR

No.34/2020 of Police Station Suratgarh Sadar, 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 55-msrathore/-

Powered by TCPDF (www.tcpdf.org)