Farook vs State Of Rajasthan ...
2023 Latest Caselaw 5293 Raj

[2023/RJJD/017399]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 6140/2023

Farook S/o Ali Mohd., Mev Muslim, Aged About 33 Years, R/o Roop Nagar, Vaheen Police Station, Tehsil Hathin, District Palwal (Haryana) (Lodged In District Jail, Chittorgarh)

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

----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 13941/2022 Sahid S/o Nor Hasan Mev, Aged About 21 Years, Bai Thana Ankeda, Dist. Nooh Mewat (Haryana). (Presently Lodged In Dist. Jail, Chittorgarh).

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

----Respondent

For Petitioner(s) : Mr. Manohar Singh, Mr. R.P. Singaria 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 petitioners have been arrested in FIR No.140/2019 of

Police Station Mangalwad, Distt. Chittorgarh for the offences

punishable under Sections 8/15 of the NDPS Act. They have

preferred these bail applications under Section 439 Cr.P.C.

[2023/RJJD/017399] (2 of 3) [CRLMB-6140/2023]

Learned counsel for the petitioners has submitted that as per

the prosecution story, 148 kgs of poppy straw were recovered at

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

petitioners are in custody since 12.12.2019 and the prosecution is

required to examine 32 prosecution witnesses, out of which, only

8 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

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, these bail applications filed under Section 439

Cr.P.C. are allowed and it is directed that petitioners - Farook S/o

Ali Mohd. and Sahid S/o Nor Hasan Mev shall be released on bail

in connection with FIR No.140/2019 of Police Station Mangalwad,

[2023/RJJD/017399] (3 of 3) [CRLMB-6140/2023]

Distt. Chittorgarh, 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 their 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 50-51 msrathore/-

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