Satpal @ Sattu vs State Of Rajasthan ...
2023 Latest Caselaw 5313 Raj

[2023/RJJD/017531]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 6569/2023 Satpal @ Sattu S/o Hukma Ram, Aged About 35 Years, R/o Ward No.04 Kohla, District Hanumangarh.

(At present lodged in Sub Jail, Sangaria).

                                                                   ----Petitioner
                                    Versus
The State of Rajasthan
                                                                 ----Respondent


For Petitioner(s)         :     Mr. K.L. Vishnoi
For Respondent(s)         :     Mr. B.R. Bishnoi, Public Prosecutor


         HON'BLE MR. JUSTICE VIJAY BISHNOI
                       Order
25/05/2023

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.182/2019 of

Police Station Sangaria, District Hanumangarh for the offences

punishable under Sections 8/18, 25 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, 5.250 Kgs. of opium was recovered at the

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

in custody since 25.04.2019 and the prosecution is required to

examine 22 prosecution witnesses, out of which, statements of

only 6 witnesses have been recorded till date and trial of the case

is likely to take time.

Learned counsel for the petitioner has placed reliance on the

decision dated 28.03.2023 rendered by the Hon'ble Supreme

Court in Mohd Muslim @ Hussain Vs. State (NCT of Delhi)

[2023/RJJD/017531] (2 of 2) [CRLMB-6569/2023]

[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. It is

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 and after

going through the material available and in view of the judgment

passed by the 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 - Satpal @

Sattu S/o Hukma Ram shall be released on bail in connection

with FIR No.182/2019 of Police Station Sangaria, District

Hanumangarh provided he executes a personal bond in a sum of

Rs.100,000/- 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

Abhishek Kumar S.No.71

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