Gurcharan Singh @ Charansingh vs State Of Rajasthan ...
2023 Latest Caselaw 5327 Raj

[2023/RJJD/017478]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Sixth Bail Application No. 6467/2023

Gurcharan Singh @ Charansingh S/o Jahangir Singh, Aged About 36 Years, B/c Rai Sikh, R/o Dhani Najad Khakhan, Hedrohi Khakhan, P.S. Hindumalkoat, District Sriganganagar. (Presently lodged at District Jail, Sriganganagar)

----Petitioner Versus State of Rajasthan

----Respondent

For Petitioner(s) : Mr. Dhanraj Khichi 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.167/2018 of

Police Station Hindumalkot, District Sri Ganganagar for the

offences punishable under Sections 8/22, 25 and 29 NDPS Act. He

has preferred this bail sixth application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the

earlier bail application of the petitioner was rejected by this Court

on 21.10.2022. It is also submitted that as per the prosecution

story, the petitioner was apprehended while transporting 1220

tablets containing narcotic substance Tramadol weighing 488

grams and 60 tablets containing narcotic substance Alprazolam

weighing 6.6 gram illegally. It is further submitted that the

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petitioner was arrested on 04.07.2018 and as per the

charge-sheet, the prosecution is required to examine total 20

witnesses, however, out of which only 10 have been examined till

date. It is also submitted that the trial of the case will 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)

[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 sixth bail application filed under Section 439

Cr.P.C. is allowed and it is directed that petitioner - Gurcharan

Singh @ Charansingh S/o Jahangir Singh shall be released on

bail in connection with FIR No.167/2018 of Police Station

Hindumalkot, District Sri Ganganagar provided he executes a

personal bond in a sum of Rs.100,000/- with two sound and

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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.65

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